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Report to the Chairman, Committee on the Judiciary, House of
Representatives:
United States Government Accountability Office:
GAO:
September 2006:
Foreign Workers:
Information on Selected Countries' Experiences:
Labor Migration:
GAO-06-1055:
GAO Highlights:
Highlights of GAO-06-1055, a report to the Chairman, Committee on the
Judiciary, House of Representatives
Why GAO Did This Study:
The opportunity for employment is an important magnet attracting
immigrants, including unauthorized immigrants, to countries. The
policies and practices used by other countries to manage foreign
workers, including actions to limit illegal immigration and to reduce
the employment of unauthorized foreign workers, have been shaped by
country-specific economic, demographic, and political factors.
Immigration reform is a matter of continuing debate in the United
States. This report examines selected countries’ (1) programs for
admitting foreign workers; (2) efforts to limit the employment of
unauthorized foreign workers; and (3) programs for providing
unauthorized immigrants with an opportunity to obtain legal status,
referred to as regularization. To address these objectives, we examined
reports from foreign countries, intergovernmental organizations, and
research organizations. We also interviewed government officials and
experts from 8 countries—Australia, Belgium, Canada, France, Germany,
Spain, Switzerland, and the United Kingdom—and surveyed 6 other
countries. We selected these countries based on their net immigration
rate, population size, membership in the Organisation for Economic Co-
operation and Development or World Bank classification as high income,
range of immigration policies, and geographic location.
What GAO Found:
The countries GAO studied have programs for admitting foreign workers,
most of which are focused on recruiting high-skilled or seasonal
foreign workers. To recruit foreign workers, some countries use
bilateral agreements with other countries. For example, Canada uses
bilateral agreements with Mexico and several Caribbean nations to
recruit seasonal agricultural workers. Some countries manage foreign
worker admissions by various means, such as quotas or points-based
systems. However, officials stated that it is difficult to implement a
system that responds to changing labor market needs and does not create
incentives for employers to hire unauthorized foreign workers. Some
countries regulate foreign worker admissions by specifying requirements
for participation in a foreign worker program, such as work permit
fees. Moreover, foreign worker programs differ in their requirements
for workers to return home. Some temporary programs require workers to
return upon expiration of work permits, while others allow foreign
workers to renew their permits and apply for permanent resident status.
The countries GAO studied use a variety of efforts in enforcing laws
designed to limit the employment of unauthorized foreign workers. In
some of these countries, employers are required to report workers’
information to government agencies or to verify workers’ authorization
status. Among these countries, the employment of unauthorized foreign
workers is largely considered one of several illegal labor practices,
including failure to pay taxes or social insurance contributions, and
government agencies generally focus their enforcement efforts and
investigate employers to detect all such practices. Government
officials and experts have noted that conducting frequent employer
investigations and publicizing those investigations helps deter
employers’ hiring of unauthorized foreign workers. Countries can
penalize unscrupulous employers for employing unauthorized foreign
workers, including imposing monetary fines on employers. However,
countries have faced difficulties, such as the prevalence of document
fraud, in penalizing employers.
Some countries have implemented large-scale regularization programs
that allow unauthorized immigrants to apply for legal status on either
a temporary or a permanent basis. Countries have implemented
regularization programs for different reasons, such as to help reduce
the size of the underground economy or to facilitate immigrant
integration, and governments believe they derive some benefits from
implementing these programs, such as increased collection of tax and
social insurance contributions. Under these programs, countries require
illegal immigrants to meet specified eligibility requirements, such as
residency and work requirements, before applying for or receiving legal
status. Employers and unauthorized foreign workers have incentives to
participate in regularization programs but may not want to because, for
example, some employers can save money by employing unauthorized
foreign workers from whom they do not pay taxes or social insurance
contributions. However, countries have faced difficulties in
implementing these programs, such as in ensuring timely review of
applications. Moreover, some experts have reported that regularization
programs may attract further illegal immigration, while others have
concluded that programs’ effect on illegal immigration is unclear.
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-1055].
To view the full product, including the scope and methodology, click on
the link above. For more information, contact Richard M. Stana, 202-512-
8777, stanar@gao.gov.
[End of Section]
Contents:
Letter:
Results in Brief:
Background:
Countries' Programs for Admitting Foreign Workers:
Countries Use Various Means to Limit Employment of Unauthorized Foreign
Workers:
Countries' Experiences with Regularization Programs:
Concluding Observations:
Appendix I: Scope and Methodology:
Appendix II: Information on Immigration-Related Programs in Selected
Countries:
Appendix III: Information on Selected Immigration-Related Programs in
Australia:
Appendix IV: Information on Selected Immigration-Related Programs in
Belgium:
Appendix V: Information on Selected Immigration-Related Programs in
Canada:
Appendix VI: Information on Selected Immigration-Related Programs in
France:
Appendix VII: Information on Selected Immigration-Related Programs in
Germany:
Appendix VIII: Information on Selected Immigration-Related Programs in
Spain:
Appendix IX: Information on Selected Immigration-Related Programs in
Switzerland:
Appendix X: Information on Selected Immigration-Related Programs in the
United Kingdom:
Appendix XI: Foreign Country Questionnaires:
Appendix XII: Acknowledgement of Government and Other Entities'
Assistance:
Appendix XIII: GAO Contact and Staff Acknowledgments:
Bibliography:
Tables:
Table 1: Examples of Temporary Employment-Based Visas in the United
States:
Table 2: Examples of Tools to Encourage Foreign Worker Return, as
Reported by Government Officials and Experts:
Table 3: Resources for Enforcement of Illegal Labor Practices as
Reported by Various Countries:
Table 4: Civil and Criminal Monetary Fine Amount Ranges for Hiring
Unauthorized Workers Reported by Various Countries:
Table 5: Selected Countries' Regularization Programs:
Table 6: Selected Information on Countries' Population Characteristics:
Table 7: Selected Information on High-Skilled Temporary Foreign Worker
Programs:
Table 8: Selected Information on Low-Skilled Temporary Foreign Worker
Programs:
Table 9: Selected Information on Seasonal Temporary Foreign Worker
Programs:
Table 10: Selected Information on Employment Eligibility Verification
Processes:
Table 11: Selected Information on Worksite Enforcement Efforts:
Table 12: Canada Points-Based System:
Table 13: Data on the Department for the Financial Investigation of
Clandestine Labor Enforcement Activities for 2003 through 2005:
Table 14: Tier 1 Points-Based System:
Table 15: Tier 2 Points-Based System:
Table 16: Lists of Documents that Potential Employees Can Present to
Show Work Authorization:
Table 17: Number of Employer Criminal Prosecutions for Each Year from
2000 through 2004:
Abbreviations:
ANAEM: Agence Nationale de l'Accueil des Etrangers et des Migrations:
CIC: Citizenship and Immigration Canada:
COLTI: Comité Opérationnel de Lutte contre le Travail Illégal:
DILTI: Délégation Interministérielle à la Lutte contre le Travail
Illégal:
DDTEFP: Direction Départmentale du Travail, de l'Emploi et de la
Formation Professionelle:
DHS: Department of Homeland Security:
EEA: European Economic Area:
EU: European Union:
FARMS: Foreign Agricultural Resource Management Services:
HRSDC: Human Resources and Skills Development Canada:
ICE: U.S. Immigration and Customs Enforcement:
IIRIRA: The Illegal Immigration Reform and Immigrant Responsibility
Act:
ILO: International Labour Organization:
INS: U.S. Immigration and Naturalization Service:
IOM: International Organization for Migration:
IRCA: Immigration Reform and Control Act:
OECD: Organisation for Economic Co-operation and Development:
SAWS: Seasonal Agricultural Workers Scheme:
USCIS: U.S. Citizenship and Immigration Services:
United States Government Accountability Office:
Washington, DC 20548:
September 8, 2006:
The Honorable F. James Sensenbrenner, Jr.
Chairman:
Committee on the Judiciar:
House of Representatives:
According to various studies, immigration affects nearly every country
in the world, as countries are points of origin for immigrants, places
of transit, final destinations, or can serve as all three. Migrants
move between countries for a variety of reasons, including family
reunification, political protection, and employment. However, the
opportunity for employment is one of the most important magnets
attracting immigrants, including unauthorized immigrants, to countries.
Reports indicate that migrants, especially labor migrants, help to keep
viable segments of certain labor-intensive industries, expand foreign
trade, provide valuable language and cultural expertise to companies,
and contribute to the economic revitalization of some communities. Yet
these reports also note that immigration, particularly illegal
immigration, may have adverse consequences, such as helping to depress
wages for low-skilled workers and creating net fiscal costs for some
levels of governments.[Footnote 1]
Countries use a variety of policies and practices related to foreign
worker programs, including actions to limit illegal immigration and to
reduce employment of unauthorized foreign workers. These policies and
practices have been shaped by country-specific economic, demographic,
and political factors, such as countries' unemployment rates and
population characteristics. They may include visa categories to allow
migrants to enter and work in a country on a legal basis, mechanisms to
regularize the status of unauthorized migrants currently residing in a
country,[Footnote 2] means to verify workers' employment authorization
status, and efforts to enforce laws that prohibit the employment of
unauthorized workers.
As in other countries, immigrants can legally enter and reside in the
United States through different channels, such as work visa programs,
but some also illegally enter or overstay their visas and illegally
remain in the United States. Various reports have estimated that the
U.S. unauthorized immigrant population was about 11 million in 2005.
Congress has passed laws to provide legal channels for immigrants to
live, work, and become naturalized citizens and to prohibit
unauthorized migrants from entering and working in the United States.
In 1986 Congress passed the Immigration Reform and Control Act
(IRCA),[Footnote 3] making it illegal for individuals or entities to
knowingly employ unauthorized workers and establishing an employment
eligibility verification process and a sanctions program for fining
employers who do not comply with the act. The Illegal Immigration
Reform and Immigrant Responsibility Act (IIRIRA) of 1996[Footnote 4]
revised some provisions of IRCA and established voluntary pilot
programs for employers to electronically verify employees' work
eligibility.
More recently, the House of Representatives and the Senate passed
different bills to further revise certain elements of U.S. immigration
law. Among other things, these proposals would revise current border
and interior enforcement measures and require employers' mandatory
participation in an electronic employment eligibility verification
system. The Senate proposal would also establish a new temporary
foreign worker program and allow certain unauthorized immigrants
currently residing in the United States to apply to regularize their
status.
You asked us to review other countries' efforts to reduce the
unauthorized employment of foreign workers. This report addresses the
following questions: (1) What are selected countries' programs for
admitting foreign workers, and what are the reported advantages and
disadvantages of these programs? (2) What are selected countries'
efforts to limit the employment of unauthorized foreign workers, and
what are the reported advantages and disadvantages of these efforts?
(3) What are selected countries' programs for providing unauthorized
immigrants with an opportunity to obtain legal status, referred to as
regularization, and what are the reported advantages and disadvantages
of these programs? In addition, this report provides information on
selected countries' foreign worker programs, worksite enforcement
efforts, and regularization programs in appendixes II through X.
To answer these questions, we obtained government agency reports and
other documents and interviewed officials during site visits to
Belgium, Canada, France, Germany, Spain, Switzerland, and the United
Kingdom. We also interviewed officials and obtained documents from, but
did not visit, Australia. In addition, we sent four questionnaires to
government agencies in 13 countries and received responses from
Argentina, Austria, the Netherlands, New Zealand, Portugal, and
Singapore.[Footnote 5] We selected the countries for our review based
on their net immigration rate, size of population, membership in the
Organisation for Economic Co-operation and Development (OECD) or World
Bank classification as high income, range of immigration policies, and
geographic location. In the 7 countries we visited and Australia, we
interviewed officials from the labor ministries, interior ministries,
finance ministries, treasury departments, social security agencies,
immigration agencies, law enforcement agencies, and local government
agencies. We analyzed information and documents, such as agency annual
reports, manuals, and briefing materials, from these countries to
determine the characteristics, functions, resources, and outputs of the
countries' programs to admit foreign workers, enforce laws that
prohibit the employment of unauthorized foreign workers, and regularize
unauthorized immigrants. Our questionnaires included general questions
about the characteristics, functions, outputs, and agency views on the
advantages and disadvantages of these programs in the surveyed
countries. We did not independently examine countries' laws and
regulations, but rather based characterizations of countries' programs
on information provided by countries in response to the questionnaires
or in interviews as of July 2006.
In addition, we interviewed officials and analyzed reports from the
International Labour Organization (ILO),[Footnote 6] the International
Organization for Migration (IOM), OECD, and the European Union (EU). We
also examined reports and studies from research organizations and
immigration experts, including reports from the Migration Policy
Institute; the Center on Migration, Policy and Society at Oxford
University; and the Center for Comparative Immigration Studies. In
addition, we interviewed officials from the United Nations High
Commission for Refugees; the United Nations High Commission for Human
Rights; the Intergovernmental Consultations on Asylum, Refugee, and
Migration Policies; 6 employer associations; 10 labor groups; and 1
advocacy group, as well as 19 immigration experts in Belgium, Canada,
France, Germany, Spain, Switzerland, the United Kingdom, and the United
States.[Footnote 7] We selected the experts based on the following
criteria: type and depth of experience; recognition in the professional
community; relevance of published work; employment history; and
researchers' recommendations. We also interviewed officials from the
Departments of Labor and Homeland Security in the United States. We
analyzed information from these sources to determine their views on the
advantages and disadvantages of countries' temporary foreign worker
programs, efforts to enforce laws that prohibit the employment of
unauthorized foreign workers, and regularization efforts. For more
detailed information on our scope and methodology, see appendix I. We
conducted our work from September 2005 through August 2006 in
accordance with generally accepted government auditing standards.
Results in Brief:
The countries in our review have programs for admitting foreign
workers, which have advantages, such as providing employers with a
legal workforce, and disadvantages, such as difficulties in ensuring
that foreign workers under temporary foreign worker programs return to
their home countries. Countries' programs are generally focused on
recruiting high-skilled or seasonal foreign workers, and countries do
not recruit significant numbers of low-skilled workers.[Footnote 8]
Some countries manage the recruitment of workers by bilateral
agreements or the use of private sector entities, often called third
party entities. For example, Canada uses bilateral agreements with
Mexico and several Caribbean nations to recruit seasonal foreign
workers to work in agricultural sectors.[Footnote 9] The countries we
studied determine the number of foreign workers that can be admitted by
a variety of means, such as quota systems. However, experts stated that
it is difficult to implement a system that flexibly responds to
changing labor market needs and does not provide an incentive for
employers to hire unauthorized workers. In addition, countries regulate
foreign worker admissions by specifying requirements for participation
in a foreign worker program. These requirements may state, among other
things, that the foreign worker or potential employer must pay a fee to
obtain a work permit and specify whether the foreign worker is entitled
to bring family members. Moreover, the foreign worker programs we
studied differ in their requirements for foreign workers to return to
their home countries. Some temporary programs require temporary foreign
workers to return upon expiration of the work permit, while others
allow a foreign worker to apply for permanent resident status. Programs
that require a foreign worker to return home after a work permit
expires may include a variety of tools to encourage or enforce the
return of temporary foreign workers, such as allowing foreign workers
to collect withheld earnings upon return. However, experts and
government officials noted that it is difficult to successfully ensure
foreign workers' return, and as a result, countries we studied
estimated that a significant number of immigrants overstayed their work
permits, thus lapsing into illegal status.
Countries we studied use a variety of efforts in enforcing laws
designed to limit the employment of unauthorized foreign workers, which
have helped countries address the underground economy,[Footnote 10] but
they have also faced difficulties in effectively implementing these
efforts, such as identifying those who are not authorized to work and
collecting employer monetary fine amounts. In many of the countries,
employers are required to register the employment of workers with
government agencies, and in some of these countries, employers are also
required to verify workers' authorization status. For example,
employers in the United Kingdom are required to verify the work
authorization status of all workers to establish an affirmative defense
against a charge of employing unauthorized foreign workers,[Footnote
11] while in Belgium, employers are required to review foreign workers'
authorization. In the countries we studied, the employment of
unauthorized foreign workers is generally considered one of various
illegal labor practices, including failure to pay taxes or social
insurance contributions or provide fair wages and safe working
conditions. As a result, government agencies in these countries
generally focus their enforcement efforts and allocate resources to
detect any illegal labor practices on the part of employers. Countries
in our review use different tools to conduct enforcement actions
against employers engaged in such practices. To obtain information on
potential cases of unauthorized foreign worker employment, for example,
enforcement agencies may examine various sources, such as tips from the
public or data in government databases. On the basis of this and other
information, enforcement agencies may inspect or investigate employers'
worksites. According to governmental and nongovernmental officials,
conducting frequent employer investigations and publicizing those
investigations helps deter employers from hiring unauthorized foreign
workers, although countries have faced challenges, such as the
prevalence of document fraud, in investigating and penalizing
employers. Government agencies may monetarily sanction employers for
hiring unauthorized foreign workers, although the deterrent effect of
monetary fines on employers' hiring of unauthorized foreign workers is
unclear. In addition, countries use other tools, such as excluding
employers from receipt of public contracts and seizing employers'
assets, to penalize employers for hiring unauthorized foreign workers.
Some of the countries we studied have implemented large-scale
regularization programs that allow unauthorized immigrants to apply for
legal status on either a temporary or a permanent basis. While
regularization programs have provided benefits to countries, such as
reducing employment in the underground economy, countries have also
faced challenges in implementing and assessing the programs. Countries
have implemented regularization programs for various reasons, such as
to help socially and economically integrate unauthorized foreign
workers. Under most programs, countries required unauthorized
immigrants to meet specified eligibility requirements, such as
residency and employment requirements, before applying for or receiving
legal status. In these countries, employers and unauthorized foreign
workers have incentives for participation in regularization programs,
but may not want to participate for different reasons. For example,
experts have noted that employers save money by employing unauthorized
foreign workers for whom they do not pay taxes or social insurance
contributions, and thus, employers may choose not to participate in a
country's regularization program. Governments in countries that have
implemented regularization programs to provide unauthorized immigrants
with legal status perceive benefits from such programs. According to
government officials and experts, governments can collect taxes and
social insurance contributions from unauthorized immigrants who gain
legal status and did not previously pay these contributions. Yet
governments may incur costs and face difficulties in implementing
regularization programs, such as in managing the application process
and in determining whether immigrants granted temporary legal status
renew their status. In addition, experts have reported that the effect
of regularization programs on illegal immigration and employment in
countries that have implemented such programs is unclear. For example,
some have suggested that regularization programs encourage further
illegal immigration, while others have noted that a lack of evaluation
hinders efforts to determine the impact of regularization programs on
future illegal immigration.
The policies and practices employed by other countries to regulate the
employment of foreign workers are shaped by each country's unique
political, social, cultural, and economic characteristics. These
characteristics inform countries' decision-making processes and may not
be readily applicable to the United States. In particular, the
unauthorized workers who could be affected by a regularization program
in this country far outnumber the participants in past programs in the
countries we studied. However, the experiences of other countries in
addressing foreign worker flows and employment are useful in
identifying a broad range of issues for consideration by any country
that attempts to reform its immigration policy and can illuminate the
potential advantages and pitfalls associated with them.
Background:
Political and Social Factors Related to Immigration:
Individuals migrate between countries for different reasons, including
for family reunification, humanitarian, and work purposes. Many
countries provide channels through which immigrants can legally enter
to live with their immediate family members, and most countries we
studied also admit immigrants who are refugees or claim asylum.
Countries also have established temporary and permanent migration
channels through which individuals can legally enter for employment.
Social and political factors in countries may affect countries'
immigration policies. For example, studies have noted that a country's
perception of its national identity can affect the country's policies
for admitting and integrating immigrants.[Footnote 12] A country that
perceives itself as being culturally homogeneous may view immigration
differently than countries with long histories of immigration.
Relatedly, countries' policies for granting permanent residence or
citizenship to immigrants may affect countries' immigration programs.
For instance, policies regarding permanent residency and citizenship
may help shape the types of programs countries implement for admitting
immigrants and facilitating immigrants' social and economic
integration.
Studies have noted the importance of social and economic integration
for immigrants.[Footnote 13] Programs to integrate immigrants into a
country provide benefits to both the country and immigrants by
promoting social cohesion; fostering immigrants' support for and
participation in the country's political, economic, and social systems;
and helping to ensure the protection of immigrants' rights and to
enhance their ability to access the labor market. These programs may
provide immigrants with job training or work experience, language or
civics courses, and other educational opportunities.
Countries may implement changes to existing immigration policies,
including to reduce immigrant admissions or, conversely, to provide
increased opportunities for legal immigration, based on different
factors or events. Countries may revise their immigration policies to
respond to external events, such as humanitarian crises in other
countries or international conflicts by, for example, changing the
number of refugees and asylum seekers admitted to the countries.
Moreover, countries may strengthen their border control efforts, for
instance, in response to increased illegal immigration flows from
neighboring countries.
Economic and Demographic Factors Related to Immigration:
Various economic and demographic characteristics are linked to
countries' immigration policies. In particular, studies have noted that
economic factors, such as unemployment rates, economic growth rates,
and the size of the underground economy, may affect countries'
immigration policies.[Footnote 14] For example, high unemployment rates
may limit the number of foreign workers countries admit, as unemployed
native workers take jobs typically filled by foreign workers.
Therefore, high unemployment rates in certain countries may encourage
foreign workers to seek employment in other countries with lower
unemployment rates. Likewise, studies have suggested that the relative
difference in the size and growth of countries' economies can affect
immigration flows. Countries with large or fast-growing economies are
attractive to foreign workers--including unauthorized immigrants.
The employment of unauthorized foreign workers contributes to
countries' underground economies. The underground economy includes any
employment in a country for which employers do not pay taxes or social
insurance contributions and is thus composed of both unauthorized
foreign workers and native workers for whom appropriate contributions
are not paid. Studies have noted that both employers and workers
benefit from working in the underground economy because in doing so,
neither group pays taxes or social insurance contributions.[Footnote
15] Employment in the underground economy may negatively affect
government revenue because governments do not collect taxes and social
insurance contributions on underground employment. Likewise, workers in
the underground economy may find it more difficult to access social
insurance benefits and may be more at risk for exploitation.
Demographic factors, particularly countries' birthrates and population
characteristics, may also affect immigration policies. Studies have
noted that aging, low-growth populations may have long-term effects on
countries' fiscal and economic outlook, and these countries may be more
disposed to admitting foreign workers than other countries.[Footnote
16] For example, as the number of younger people in a country decreases
relative to the increase in the number of older people, contributions
made by younger workers to countries' social insurance systems may not
be sufficient to provide insurance benefits for the increasing older
population. Therefore, countries with aging, low-growth populations may
have an incentive to encourage legal immigration and admit large
numbers of foreign workers who can contribute to countries' tax and
social insurance systems and may be more at risk for exploitation.
Yet foreign workers in countries may also be eligible to receive some
social insurance benefits, and foreign workers' access to such benefits
varies among countries. For example, in some countries foreign workers,
including unauthorized foreign workers, can access unemployment and
health insurance but cannot receive retirement benefits. Given that
foreign workers contribute to tax and social insurance systems but also
can receive social insurance benefits, in most countries it is unclear
whether foreign workers' contributions are greater than the benefits
they receive or whether foreign workers, particularly unauthorized
workers, create net fiscal costs for governments. In addition, studies
suggest that unauthorized foreign workers create other costs for
governments, such as costs for social services as well as for border
and interior enforcement efforts.
Experts have reported that immigration provides economic benefits to
countries that may exceed any fiscal costs to governments resulting
from unauthorized immigration.[Footnote 17] These experts have
suggested that migration helps to allocate labor resources among global
labor markets, creating net gains for migrants and countries receiving
the migrants. For example, in some countries there is little direct
competition between immigrants and local workers for jobs in most
sectors. In such instances, foreign workers can fill needed jobs for
which no native workers are available. In countries with more direct
competition between immigrant and resident workers, particularly for
low-skilled jobs, immigrants tend to compete with native workers as
well as with other immigrants already residing in the country with
similar skills. In these cases, resident workers, both citizens and
noncitizens, may experience declining wages or wages that rise slowly
and increasing unemployment rates. Moreover, studies have suggested
that a high concentration of foreign workers in certain industries or
geographical areas can depress employment and working conditions in the
local labor force.[Footnote 18]
Free Movement among EU Countries:
Among EU countries, policies and practices established by the EU may
affect member countries' immigration policies. In particular, within
the EU, nationals or citizens of member countries can move freely
between other member countries without being subject to border
controls. In June 1985, five EU countries initially signed a treaty to
create a territory within the EU that did not have internal border
checkpoints and controls, which became known as the Schengen area. This
treaty includes EU members, other than the United Kingdom and Ireland,
and does not yet fully apply to the 10 new members that acceded to the
EU in May 2004.[Footnote 19] When the Schengen area came into effect,
it abolished the internal borders of the signatory states and created a
single external border for immigration checks for all states within the
Schengen area.
In addition to the right of free movement, nationals of EU member
countries have the right to work in any other member country. However,
this right has not yet been fully extended to new member countries that
acceded to the EU in May 2004. For the first 2 years following
accession, new member countries' access to labor markets in the
existing member countries depended on the national policy of each
existing member country. Among the existing member countries, Ireland,
Sweden, and the United Kingdom fully opened their labor markets to
workers from all the new member states. Other existing member countries
limited workers' access to labor markets under transitional
arrangements for various reasons, including to limit competition among
domestic and foreign labor forces. At the end of the initial 2-year
period, the European Commission assessed the transitional arrangements
for workers from the new EU countries.[Footnote 20] In addition,
existing member countries decided whether to continue the arrangements
for an additional 3 years or to allow workers from the new member
countries full access to labor markets. Finland, Greece, Portugal, and
Spain opened their labor markets to workers from the new EU countries
as of May 1, 2006, while the other EU member countries decided to
continue the transitional arrangements. At the end of this 3-year
period, existing member countries can, under limited conditions,
restrict labor access for an additional 2-year period. Member countries
cannot extend the transitional arrangements beyond 7 years after the
new members' EU accession.
Immigration-Related Programs in the United States:
United States immigration policy distinguishes between temporary and
permanent admissions by providing for two types of U.S. visas for
foreign nationals entering the country. Immigrant visas are issued to
foreign nationals who intend to live permanently in the United States,
while nonimmigrant visas are for foreign nationals wishing to enter the
country on a temporary basis, such as for temporary work, study, or
tourism. The immigrant visas generally provide a path to eventual
citizenship, while the nonimmigrant visas require that, upon expiration
of the visa, the visa holder must either leave the country or change
status to a new visa category.
Permanent immigrant visas are issued for family reunification,
employment, or humanitarian reasons. Immigrants who apply to enter the
United States for work purposes are required to follow a multistep
process. First, the potential worker and employer determine if the
worker is eligible for a permanent employment-based visa based on the
applicant's skills. Second, most employment categories require that the
U.S. employer complete a labor certification request for the applicant
and submit it to the Department of Labor's Employment and Training
Administration Office of Foreign Labor Certification. This office
provides labor certifications to employers once employers have
demonstrated that there are insufficient qualified U.S. workers
available and willing to perform the work at wages that meet or exceed
the prevailing wage paid for the occupation, and employment of the
immigrant will not adversely affect the wages and working conditions of
U.S. workers similarly employed. Third, once the employer receives the
labor certification, the employer files an immigrant visa petition,
which must be approved by U.S. Citizenship and Immigration Services
(USCIS) in the Department of Homeland Security (DHS). Finally, the
Department of State provides the applicant an immigrant visa number.
The visa number indicates that a visa has been assigned to the
applicant, but the applicant is required to wait, sometimes for years,
for the visa number to become available in order to complete the
process of becoming a permanent resident.
Current U.S. law allows for 140,000 permanent employment-based visas
per year and preferentially grants these visas based on skill level,
with highly skilled applicants receiving the highest preference. The
first level of preference is provided to persons of "extraordinary
ability" in the arts, sciences, education, business, or athletics;
outstanding professors and researchers; and multinational executives
and managers all of whom must meet certain specified criteria.[Footnote
21] The second level of preference is provided to members of
professions holding advanced degrees or persons of "exceptional
ability" in the sciences, art, or business who meet certain specified
criteria.[Footnote 22] The third preference level is provided to
skilled workers with at least 2 years' training or experience,
professionals with baccalaureate degrees, and up to 10,000 unskilled
shortage workers performing work that is not of a temporary or seasonal
nature.
The majority of work-related visas that are granted in the United
States are for a temporary period and require the employer to file a
petition with USCIS. The beneficiaries of the visa petition generally
must provide evidence that they are not coming to live permanently in
the country, and in some cases, as discussed above, employers must
receive an employment certification from the U.S. Department of Labor.
The United States currently has 72 specific types of temporary visas,
and a subset of these permit the visa holder to be employed while in
the United States. Table 1 provides examples of some of these
temporary, employment-based visa programs. Some work visas are designed
to attract workers in specific labor market sectors, such as nursing or
corporate managers. One of the largest categories for work-related
visas is the H visa, which includes the H-1B, H-2A, and H-2B visas, and
is not specific to a particular market. H-1B visas are for professional
specialty workers with highly specialized knowledge or distinguished
fashion models and are renewable for up to 6 years. The H-2A visa is
for seasonal or temporary agricultural workers and allows for a maximum
stay of 3 years. Finally, the H-2B visa is a general, temporary visa
for nonagricultural workers; is limited to 66,000 visas annually; and
does not have requirements for skill levels. After the temporary visas
expire, the foreign worker is required to leave the United States.
Migrants who overstay their visas contribute to the unauthorized
foreign worker population in the United States, despite provisions in
the law that limit or control the ability of unauthorized migrants to
find employment. We have previously reported that the United States has
difficulty in tracking the status of immigrants who enter the country
legally and then overstay their visas.[Footnote 23]
Table 1: Examples of Temporary Employment-Based Visas in the United
States:
Visa: E;
Type of foreign workers: International investors and traders;
Annual numeric limit: None;
Length of stay: Renewable up to 2 years with possible extension of
stay.
Visa: H-1B;
Type of foreign workers: Temporary workers in professional specialty
occupations with highly specialized knowledge or fashion models of
distinguished merit and ability;
Annual numeric limit: 65,000;
(with certain exceptions);
Length of stay: Renewable up to 6 years.
Visa: H-2A;
Type of foreign workers: Temporary agricultural workers;
Annual numeric limit: None;
Length of stay: Maximum stay of 3 years.
Visa: H-2B;
Type of foreign workers: Temporary nonagricultural workers;
Annual numeric limit: 66,000;
Length of stay: Maximum stay of 3 years.
Visa: J;
Type of foreign workers: Instructors or researchers in education and
cultural exchange programs designated by the Department of State;
Annual numeric limit: None;
Length of stay: No maximum stay restriction.
Visa: L;
Type of foreign workers: Intercompany transfers in a capacity that is
managerial, executive, or involves specialized knowledge;
Annual numeric limit: None;
Length of stay: 5-7 years.
Visa: O;
Type of foreign workers: Persons with extraordinary ability in the
sciences, arts, education, business, or athletics or certain persons
accompanying or assisting them;
Annual numeric limit: None;
Length of stay: 3-4 years.
Visa: P;
Type of foreign workers: Internationally recognized athletes, members
of an entertainment group, or certain other individual performing
artists or entertainers;
Annual numeric limit: None;
Length of stay: 10 years.
Visa: Q-1;
Type of foreign workers: Providers of practical training, employment or
experience in cultural exchange programs approved by USCIS;
Annual numeric limit: None;
Length of stay: Maximum stay of 15 months.
Visa: R;
Type of foreign workers: Religious workers;
Annual numeric limit: None;
Length of stay: Maximum stay of 5 years.
Visa: TN;
Type of foreign workers: Temporary workers under the North American
Free Trade Agreement;
Annual numeric limit: None;
Length of stay: Renewable up to 2 years.
Source: GAO analysis of USCIS data.
[End of table]
U.S. immigration laws have also established a variety of means by which
immigrants can change their status after entering the country. For
example, some temporary visa categories allow a legal visa holder to
apply to adjust to lawful permanent resident status under a permanent
employment-or family-based category after a specified period of time of
working legally in the United States. In addition, IRCA established a
regularization program to provide legal status to aliens who had
continuously resided in the United States illegally prior to January 1,
1982. It is estimated that the programs under IRCA regularized the
status of nearly 3 million unauthorized immigrants.
IRCA also established procedures for verifying the work authorization
of foreign employees and for enforcing laws to limit the employment of
unauthorized workers. The act made it illegal for individuals to
knowingly hire, continue to employ, or recruit or refer for a fee
unauthorized workers and established a two-pronged approach for helping
to limit the employment of unauthorized workers: (1) an employment
verification process through which employers verify newly hired
employees' work eligibility and (2) a sanctions program for fining
employers who do not comply with the act.
Under the employment verification process, employees and employers must
complete the Employment Eligibility Verification Form (Form I-9) to
certify that the employees are authorized to work in the United States.
Employers must request that newly hired employees present a document or
documents that confirm employees' identity and work eligibility.
Currently, there are 27 different documents that can be used to
establish work eligibility. On the Form I-9, employees must attest that
they are U.S. citizens, lawfully admitted permanent residents, or
aliens authorized to work in the United States. Employers must then
certify that they have reviewed the documents presented by their
employees to establish identity and work eligibility and that the
documents appear genuine and relate to the individual presenting them.
In making their certifications, employers are expected to judge whether
the documents presented are obviously counterfeit. Employers are deemed
in compliance with IRCA if they have followed the verification
procedures, including instances when an unauthorized alien may have
presented fraudulent documents that appeared genuine. We have
previously reported that current weaknesses, such as difficulty in
detecting document and identity fraud and the large number of
acceptable documents for proving work eligibility, have undermined the
effectiveness of the employment verification process.[Footnote 24]
Those employers who do not follow the verification process can be
sanctioned for knowingly hiring or continuing to employ unauthorized
workers, or for improperly completing the Form I-9. Employers who fail
to properly complete, retain, or present for inspection a Form I-9 may
face civil or administrative fines ranging from $110 to $1,100 for each
employee for whom the form was not properly completed, retained, or
presented.[Footnote 25] IIRIRA of 1996 limited employer liability for
certain technical violations of Form I-9 paperwork requirements.
According to the act, a person or entity is considered to have complied
with the employment verification process if the person or entity made a
good faith attempt to properly complete the Form I-9.[Footnote 26]
Employers who knowingly hire or continue to employ unauthorized aliens
may be fined from $275 to $11,000 for each employee, depending on
whether the violation is a first or subsequent offense. Employers who
engage in a pattern or practice of knowingly hiring or continuing to
employ unauthorized workers are subject to criminal penalties
consisting of fines up to $3,000 per unauthorized employee and up to 6
months' imprisonment. Efforts to enforce these sanctions are referred
to as worksite enforcement and are primarily the responsibility of U.S.
Immigration and Customs Enforcement (ICE) in DHS.
We reported in 2005 that worksite enforcement has been a relatively low
priority under both the U.S. Immigration and Naturalization Service
(INS)[Footnote 27] and ICE, and that since fiscal year 1999, INS and
ICE have dedicated a relatively small portion of overall agent
resources to the worksite enforcement program.[Footnote 28] Since
September 11, 2001, INS and then ICE focused worksite enforcement
efforts mainly on detecting and removing unauthorized workers from
critical infrastructure sites, such as airports and nuclear power
plants, consistent with the DHS mission to combat terrorism. Yet
employers, particularly those not located at or near critical
infrastructure sites, who attempt to circumvent IRCA have faced little
likelihood that ICE would investigate them for knowingly hiring
unauthorized foreign workers. We reported that INS and ICE have faced
difficulties in setting and collecting fine amounts that meaningfully
deter employers from hiring unauthorized foreign workers and in
detaining unauthorized workers, though we noted that ICE has taken
steps to address these difficulties. In addition, in 2006 we reported
that data on individuals' earnings collected by various agencies,
including the Social Security Administration and the Internal Revenue
Service, could help DHS detect unauthorized work and enforce
immigration laws.[Footnote 29] However, while our prior work has
highlighted the benefits of earnings information for detecting
unauthorized work, we noted that additional disclosure of earnings
information should be carefully weighed against the various drawbacks-
-especially privacy considerations.
Countries' Programs for Admitting Foreign Workers:
The countries in our review have programs designed to recruit foreign
workers to fill jobs that cannot be filled by native workers, and these
programs generally focus on recruiting high-skilled or seasonal foreign
workers. Some countries facilitate the recruitment of workers by using
bilateral agreements or third party entities. The countries we studied
determine and manage the number of foreign workers that can be admitted
by studying labor market conditions or by implementing a quota system.
The countries also have admission requirements that employers and
potential foreign workers are required to meet in order to participate
in a foreign worker program. The majority of foreign worker programs
implemented in countries we studied are temporary, and the countries
use a variety of mechanisms to encourage or enforce the return of
temporary foreign workers after expiration of work permits.
Countries Recruit Foreign Workers Based on Skill Level and Can Use
Bilateral or Other Agreements:
Countries Recruit Foreign Workers with Different Skill Levels but
Generally Focus Recruitment on High-Skilled and Seasonal Workers:
Foreign countries in our review have programs designed to fill high-
skilled, low-skilled, and seasonal jobs with foreign workers, but
countries vary in the ways they recruit foreign workers for these types
of positions. Countries such as Australia, Germany, and Belgium have
programs designed to actively recruit highly skilled workers.[Footnote
30] For example, according to government officials, Australia offers
numerous foreign worker programs to recruit highly skilled foreign
workers in specific industry sectors that have experienced labor market
shortages. The country recruits high-skilled workers through, among
other means, the use of promotional campaigns within specific
industrial sectors or foreign countries to target foreign workers with
specific business or trade skills for positions in Australia, such as
medical practitioners, visiting academics, and business workers. In
addition, Canadian officials stated that about 55 percent of the
temporary foreign workers admitted to Canada in 2004 were employed in
skilled occupations, such as professionals, academics, and engineers.
According to one expert, because the education and training required to
become high-skilled takes time to acquire, an efficient way for a
country to increase its numbers of high-skilled workers is to recruit
these workers from abroad. For example, during the 1990s, most
industrial countries made it easier for foreign professionals to enter
and work temporarily or permanently in response to the economic growth
of that period.
While countries we studied, such as Canada, Australia, and Germany,
have programs designed to legally admit low-skilled foreign workers,
they generally do not focus their recruitment efforts on this type of
worker.[Footnote 31] However, jobs in low-skilled sectors, such as
manufacturing, construction, and cleaning services, are also the
sectors in which employers with large numbers of unauthorized workers
are typically found. Government officials and experts told us that the
high amount of illegal work in these sectors can be an incentive for
governments to develop programs designed to legally admit low-skilled
workers. In addition, countries' need for foreign workers to fill low-
skilled jobs is at least partially determined by the economic situation
of the countries. For example, experts from Germany stated that the
high unemployment rate in their country has decreased the need for low-
skilled foreign workers, and the German government has taken steps to
fill low-skilled job vacancies with unemployed German citizens. In
contrast, Canadian officials stated that their country's need for
temporary foreign workers, of which about 45 percent are low-skilled,
has increased as the economy has strengthened.
While most of the countries in our review do not recruit significant
numbers of low-skilled foreign workers, government officials generally
told us they recruit foreign workers on a seasonal basis and have
implemented programs designed to fill those needs.[Footnote 32] For
example, Germany recruits seasonal workers by allowing employers to
specify individual foreign workers to fill positions or by allowing an
employer to request foreign workers through a local employment agency
without specifying particular workers. Seasonal work, while considered
to be a type of low-skilled employment, is generally regulated under
specific programs different from those regulating other types of
foreign work because seasonal work is of a defined amount of time.
Seasonal work is generally in the agricultural or tourism industries in
which the length of such work is defined by growing season and peak
tourist season, respectively. Foreign workers may therefore have the
opportunity to participate in seasonal programs on an annual basis.
Government officials and experts told us that this process of
repeatedly participating in seasonal programs provides an incentive for
foreign workers to return to their home countries at the end of the
season because lapsing into illegal status by overstaying their permits
may jeopardize workers' ability to participate in future programs. In
addition, government officials and experts suggested that employers
benefit from seasonal worker programs under which the same workers
participate year after year because employers gain benefits from their
investments in the seasonal workers, such as in the provision of
training. However, experts also noted that seasonal workers may be
vulnerable to exploitation because they may not be fully aware of their
rights or may not report mistreatment if they fear doing so would
jeopardize their employment.[Footnote 33]
Countries Can Use Bilateral Agreements or Third Party Entities to
Recruit Foreign Workers:
Some countries we studied use bilateral agreements to manage the flow
of workers between two countries or to manage foreign worker admissions
in specific labor sectors. For example, the Canadian government uses
bilateral agreements with Mexico and Jamaica to recruit and admit
seasonal foreign workers in the agricultural industry. Australia runs
its Working Holiday Maker Program through reciprocal bilateral
agreements with other countries. Under this program, Australia admits
foreigners aged 18 to 30 from specific countries to enter Australia for
up to 1 year for travel around the country. During their time in the
country, these individuals can earn money by working for up to 6 months
each with different employers. An Australian government official stated
that the working holiday maker program has contributed to the
Australian economy because it allows employers to hire visiting
foreigners to do short-term work that the employers would likely not be
able to obtain Australian workers to do.
Government officials and experts told us that both the receiving and
sending countries have incentives to enter into a bilateral agreement.
The agreements provide the receiving countries with mechanisms to help
control the flow of illegal migration from sending countries by, for
example, including provisions that require the sending countries to
repatriate citizens who are found to be in the receiving country
illegally. In addition, bilateral agreements allow receiving countries
to recruit foreign workers from specific sending countries or with
specific skills or other characteristics to fill jobs in certain
sectors with labor shortages. Bilateral agreements also may provide
employers in the receiving countries with some control over recruiting
workers with appropriate skills to fill job positions, allow employers
to compare foreign workers' education with the receiving country's
standards, and help ensure sending countries' assistance in
repatriating workers after work permits expire. In particular, some
receiving countries have set up offices in sending countries to recruit
and provide training for workers to be admitted. In other cases,
companies themselves have become involved in the recruiting process by
sending personnel to countries to train and recruit foreign workers.
For example, in Spain, the autonomous community of Madrid recently
signed an agreement with Colombia that allows employers to train and
guarantee jobs to potential workers while they are still in Colombia.
France has bilateral agreements with Romania and other countries that
facilitate unauthorized immigrants' repatriation by stipulating that
deported foreign workers will not be able to secure a tourist visa
enabling them to return to France for at least a few months after
repatriation. Moreover, experts told us that receiving countries can
use bilateral agreements to help manage the flows of unauthorized
immigrants by providing financial assistance to the sending countries,
helping to improve financial conditions in the sending countries and
thus reducing immigrants' incentives to migrate illegally.
Likewise, sending countries have a variety of incentives for
participating in bilateral agreements to manage foreign worker flows.
Sending countries' economies benefit from the remittances that foreign
workers send back to the countries, and bilateral agreements provide
sending countries with a vehicle to negotiate appropriate wages, living
conditions, and job security for their citizens abroad. In addition,
sending countries may benefit economically and socially from the skills
and experiences that temporary foreign workers bring back to the
countries by, for example, encouraging small business and community
development. Experts have indicated that helping to improve financial
conditions in the sending countries reduces immigrants' incentives to
migrate illegally.
Bilateral agreements also help sending countries ensure their workers'
rights, such as ensuring employers provide safe working conditions.
According to studies, the rights granted to foreign workers under
bilateral schemes vary by agreement and the terms and conditions
negotiated between the sending and receiving countries. Bilateral
agreements can ensure that workers admitted are entitled to the same
working conditions and wages as native workers, and some agreements
also specify whether and how foreign workers are able to collect social
insurance contributions made in receiving countries upon the workers'
return to their home countries. However, nongovernmental officials and
experts have stated that sending countries, in some cases, may be
reluctant to advocate for their workers' rights if the countries
perceive that doing so may hinder their participation in the bilateral
agreements and thus the flow of remittances.
In addition, countries use private sector entities, called third party
entities or operators, to recruit, select, or transport foreign workers
from sending to receiving countries. For example, the United Kingdom
allocates a defined number of work permits to several third party
operators, who then independently recruit workers from other countries
to work in the agricultural sector. Studies suggest that the use of
third party entities is a means to link employers in the receiving
countries with appropriate foreign workers. Government officials told
us that the use of third party entities requires the government to
regulate these groups to ensure they are complying with program
requirements. For example, researchers have stated that third party
entities can exploit foreign workers by soliciting money from foreign
workers in exchange for job placement.
Countries Control the Admissions of Foreign Workers by Limiting Their
Numbers and Setting Eligibility Requirements:
Countries Manage Foreign Worker Admissions Using Various Methods But
May Find It Difficult to Effectively Respond to Changing Labor Market
Needs:
Most of the countries we studied assess the need for foreign workers by
studying the labor market and using the results to determine the number
of foreign workers to admit to work in specific sectors, but the
countries varied in the extent to which they have formalized processes
to assess labor market needs for foreign workers. The officials and
experts with whom we spoke told us that basing the number of allowable
admissions of foreign workers on the results of labor market
determinations helps ensure that the number of foreign workers legally
admitted matches the actual economic need for workers in specific
industries. For example, Spain's regional governments determine the
need for foreign workers in different labor sectors by discussing labor
market needs with employer and worker associations and submit the
results to the national government, which then uses the information to
determine the number of foreign worker admissions for each sector.
Experts and officials told us that a process for assessing labor market
needs helps countries match the number of foreign worker admissions to
labor market needs for those workers. In addition, many countries,
including Argentina, the Netherlands, and Switzerland, require a
potential employer to prove that no native workers are available to
fill a job before the employer can apply to bring in a foreign worker.
Countries such as France and Canada require employers to advertise job
vacancies in local newspapers, trade publications, or an employment
office before the employers can seek foreign workers. However,
officials and experts told us that the burden on employers for
completing this requirement can encourage employers to circumvent the
assessment process and hire unauthorized foreign workers, resulting in
the need for enforcement tools to address unauthorized foreign workers'
employment.
In addition to using labor market assessments to determine the need for
foreign workers, some countries we studied use quota systems to
indicate the number of legal foreign worker admissions. Quotas can be
set at a predetermined number or allow for some flexibility in the
number of foreign workers to admit based on labor market needs.
Governments may set quotas on an annual basis in consultation with
relevant bodies such as employers, trade unions, and local labor or
employment offices to account for labor market needs. Quotas can be set
for each labor sector or geographic region or by foreign workers'
countries of origin. For example, Switzerland has implemented a
national quota for both temporary and long-term workers that limits the
number of foreign workers admitted to Switzerland each year. The United
Kingdom introduced a sector-based scheme in 2003 that created a quota
of 10,000 workers in the hospitality and food-processing sectors and
limited the annual number of foreign workers admitted to the United
Kingdom in those sectors, although the United Kingdom is moving towards
an employment-based immigration system based on a general points scheme
to admit foreign workers, as discussed below. Additionally, in Austria,
the government sets quotas of seasonal workers by sector. In 2006,
Austria set quotas of 7,500 for workers in the tourism sector;
7,500 for workers in the agriculture or forestry sector;
and 7,000 for seasonal harvesters.
However, it is difficult to implement a quota program that effectively
responds to changing labor market needs when the number of foreign
worker admissions has been set under a quota system. Government
officials, labor unions, and experts told us that quotas may not
necessarily respond to labor market needs, a situation that creates an
incentive for employers to hire unauthorized workers and necessitates
enforcement efforts to control the employment of unauthorized workers.
Officials and experts also stated that as a country's economy changes,
the need for foreign workers may shift from one employment sector to
another.
Some countries, including Australia, Canada, New Zealand, and the
United Kingdom,[Footnote 34] have used points-based systems for
managing immigration flows, which allow countries to tailor their
admission requirements for residence or work permits to migrants who
meet certain characteristics. In general, under points-based systems,
immigrants, such as temporary foreign workers, obtain points based on
various skills and characteristics, including educational or
professional experience and ability to speak a country's native
languages. These characteristics may be chosen based on a country's
perception of attributes that predict a migrant's potential to succeed
in the labor market. Immigrants whose point totals meet a minimum point
requirement can qualify for work permits and, in some cases, permanent
residence status. Under Australia's points-based system, immigrants can
earn points for such things as skill, age, English language ability,
specific work experience, an occupation in demand, a job offer, an
intention to reside in regional Australia, and spouses' skills. Under
Canada's system, points are assigned to applicants based on age,
education, work experience, intended occupation, and knowledge of
Canadian national languages, among other things. Experts have said that
points-based systems are advantageous because they are transparent to
both the migrant and employer about the requirements a migrant must
meet in order to qualify for entry to the country.
Countries' Foreign Worker Programs Specify Employer and Worker
Requirements for Participation:
Countries we studied have foreign worker programs with requirements
that employers and potential foreign workers are required to meet in
order for the government to issue a work permit.[Footnote 35] Most
countries require either the worker or employer to pay a fee in order
to be granted a work permit. For example, Canada charges individual
workers a C$150 (about $140) fee to apply for a work permit. The United
Kingdom charges employers a £153 (about $280) fee to apply for a work
permit on behalf of each potential foreign worker. Experts have
suggested that requiring employers to pay a fee for foreign workers'
permits helps to ensure that employers hire only those foreign workers
for whom they truly have a need. However, government officials and
experts stated that the fee requirement may create an incentive for
workers to seek illegal employment and for employers to hire
unauthorized workers in order to avoid having to pay the fee. In other
cases, unscrupulous employers may illegally deduct the cost of the fees
from foreign workers' wages.
Many countries' work permits also stipulate that foreign workers can
only be employed by the employer listed on the permit. Therefore, if
foreign workers would like to change jobs, the workers must reapply for
a new permit or work for an alternate employer illegally. While such a
requirement can help regulate foreign workers' employment, experts and
other nongovernmental officials told us that the requirement can also
make it difficult for foreign workers to escape unscrupulous employers
who may exploit the workers. In addition, the requirements of work
permits granted under foreign worker programs generally state whether
family members may accompany a foreign worker. For example, under
Austria's seasonal worker program, foreign workers are not permitted to
bring their family members. According to government officials, employer
and employee groups, and experts, temporary workers may be less likely
to return to their home countries if their family members are permitted
to accompany them.
Countries' Foreign Worker Programs Are Generally Temporary but Vary in
Their Requirements for Return:
Regardless of the skill level of the foreign worker, the majority of
work permits offered by the countries we studied are temporary,
although the permits vary in their requirement for the workers' return
at the end of the permit's duration. These permits generally expire
after a set amount of time--for the countries in our review from 3
months to 5 years after issuance. However, not all temporary work
permits require workers to return home at the end of the permit. Some
temporary work permits are renewable and allow workers to renew the
permit an unlimited number of times. For example, the Spanish
government offers foreign workers a 1-year temporary permit that is
renewable indefinitely, and participants in this program have the
option to apply for permanent residency after 5 years. Nongovernmental
officials and experts told us that an advantage of renewable temporary
work permits is that they provide a means for employers to employ a
legal workforce, help governments obtain financial benefits from hiring
legal foreign workers, and reduce employers' incentives to hire
unauthorized foreign workers.
Some countries' foreign worker programs offer temporary work permits
that require the foreign worker to leave the country when the permit
expires, but government officials and experts noted that it is
difficult to ensure that the workers return to their home countries.
Government officials and experts noted that temporary programs are most
successful in ensuring worker return when the work is of a short,
defined duration, such as in seasonal labor sectors. Workers may also
be more willing to return to their home countries if they have the
opportunity to participate in future programs. For example, Canadian
officials and experts stated that employers in Canada have an incentive
to hire legal foreign seasonal workers because they have assurance that
the workers will be available to work in subsequent years. In addition,
the foreign workers have incentives to return home because they do not
want to jeopardize their status in the program and, because the
agricultural work is located in rural areas of Canada, it can be
difficult for the foreign workers to integrate into or travel to more
populated areas of the country.
Experts and government officials noted that because it is difficult to
successfully ensure foreign workers' return to their home countries, a
significant number of foreign workers overstay their work permits and
become unauthorized immigrants, contributing to countries' illegal
immigrant populations. The countries we studied use a variety of tools
to encourage or enforce foreign workers' return to their home countries
when their permits have expired (see table 2), and these tools are used
in conjunction with the countries' laws and policies that limit the
employment of unauthorized workers. For example, government officials
stated that hiring foreign workers who have an existing attachment to
their home countries may help ensure that workers return when their
work permits expire. According to government officials, under Spain's
seasonal agricultural worker program, the government recruits primarily
married women, because these workers may be more likely to return to
their countries in order to see their families. The United Kingdom's
seasonal worker program primarily recruits foreign students who are on
vacation from their schools, as these workers have an existing reason
to return to their home countries. In addition, countries may withhold
foreign workers' social insurance benefits or earnings, which workers
can only collect upon return to their home countries. Singapore
requires employers of non-Malaysian temporary foreign workers to post a
bond of S$5,000 (about $3,200) per worker, which is returned to the
employer after the worker has returned home.
Table 2: Examples of Tools to Encourage Foreign Worker Return, as
Reported by Government Officials and Experts:
Tools to encourage foreign worker return: Deportation or expulsion;
Definition and use: Unauthorized migrants are forcibly removed from the
country.
Tools to encourage foreign worker return: Collection of social
insurance benefits;
Definition and use: Workers can only collect pension or social
insurance benefits upon return to their home countries.
Tools to encourage foreign worker return: Collection of withheld
earnings;
Definition and use: Employers or governments withhold a portion of
foreign workers' earnings that workers can collect only upon return.
Tools to encourage foreign worker return: Bonds;
Definition and use: Employers or workers put up a monetary bond for
work permits, which they can only collect upon workers' return.
Tools to encourage foreign worker return: Proof of intent;
Definition and use: Foreign workers must provide proof of their intent
to return to their home countries before admission, such as by showing
they have sufficient funds to purchase a return ticket.
Tools to encourage foreign worker return: Reentry requirements;
Definition and use: Countries grant reentry only if foreign workers
return home upon expiration of the work permits.
Tools to encourage foreign worker return: Recruit specific type of
worker;
Definition and use: Countries recruit foreign workers who have an
existing attachment to their home countries, such as married workers or
students.
Tools to encourage foreign worker return: Admission of family members;
Definition and use: Family members may not be permitted to accompany
temporary foreign workers, making it more likely that the workers will
return to their home countries. Countries may also subject family
members to a waiting period, such as for 1 year, which effectively
precludes them from reunification with shorter-term workers.
Tools to encourage foreign worker return: Encouraging circular
migration;
Definition and use: Countries establish short-duration work permits
that are available annually. Foreign workers may be more willing to
return to their home countries if they perceive that they will be able
to return to the receiving country at a later date. Furthermore,
allowing foreign workers to periodically return to their home countries
helps workers maintain familial and other social networks in their home
countries, helping to facilitate workers' return.
Tools to encourage foreign worker return: Facilitated reentry;
Definition and use: Governments may require departing migrant workers
to register their return with the government's consulate in the
receiving country. In exchange, the migrant worker may gain facilitated
reentry for employment purposes in the future.
Tools to encourage foreign worker return: Sponsorship;
Definition and use: Government may require employers and educational
institutions to be approved to accept foreign workers or students and
to receive a certificate of sponsorship, which requires, among other
things, that they notify the government if the migrant is leaving their
employment. Failure to do so results in removal of the government's
approval for the employer or institution to accept foreign workers or
students.
Source: GAO analysis of country-and expert-reported data.
[End of table]
Some programs allow for permanent resident status after a certain
period of employment and residence, although countries' programs for
foreign workers generally do not allow for workers to become
naturalized citizens. Experts stated that granting permanent status can
help ensure economic growth and sustain social welfare contributions,
as well as allow employers to retain high-quality workers. Experts,
government officials, and nongovernmental officials stated that
offering permanent status is generally reserved for high-skilled
foreign workers and therefore can be used as a means to recruit and
retain skilled foreign workers. For example, Germany instituted a
program for recruiting information technology specialists in which
foreign specialists could reside and work in Germany for a 5-year
period, after which they could apply for permanent residency and bring
in family members if the specialists met a minimum salary requirement.
In Switzerland, settlement permits can be granted to individuals who
have resided continuously in the country for 10 years;
foreigners from European Economic Area countries and the United States
can receive permits after 5 years of residence.
Some of the countries in our review have implemented measures to assist
with the integration of foreign workers and their families who are
granted long-term residency status and who may face difficulties in
socially and economically integrating into the countries. For example,
immigration experts in Germany stated that long term residents from
Turkey may have difficulty integrating into German society as, in
general, neither they nor their children could become German citizens.
Germany has initiated programs to help integrate new immigrants, such
as requiring them to take language and civics classes. France has also
faced difficulties in integrating immigrant populations, which,
according to a government official, have contributed to protests and
civil unrest. The French government has taken steps to help better
integrate immigrants, such as establishing a dialogue with immigrant
organizations and providing scholarships for immigrants. Other
countries have also initiated programs to help immigrants' integration,
such as language and culture classes and programs to assist immigrants
in obtaining employment.
Additional Insights from Countries' Temporary Foreign Worker Programs:
The countries whose temporary foreign worker programs we studied noted
that such programs have provided a variety of benefits to those
countries by, for example, helping countries fill labor market
shortages in specific sectors, such as in sectors where there are no
native workers available or willing to fill jobs. Temporary foreign
worker programs have also provided channels for legal immigration
flows, which according to experts, may have helped to reduce employers'
demand for unauthorized foreign workers and foreign workers' incentives
to illegally migrate to receiving countries. Yet, governmental and
nongovernmental officials have noted challenges faced by countries in
implementing temporary foreign worker programs. Experts have suggested
that temporary foreign worker programs or other initiatives that
increase the number of foreign workers legally admitted to countries do
not help reduce illegal immigration flows but rather help increase
immigrant populations in receiving countries, which may encourage
further legal and illegal immigration flows. In addition, countries
have faced challenges in developing temporary foreign worker programs
that flexibly respond to changing labor market needs. Countries have
also experienced difficulties in enforcing requirements specified on
work permits, particularly in ensuring temporary foreign workers'
return to their home countries upon expiration of their work permits.
Countries Use Various Means to Limit Employment of Unauthorized Foreign
Workers:
The countries we studied generally require employers to report
information on workers' employment, such as workers' names and social
insurance numbers, to government agencies, and in some countries,
employers are required to review employees' work authorization
documents. In taking worksite enforcement actions against unscrupulous
employers and unauthorized foreign workers, including those who do not
follow government reporting and verification requirements, some
countries focus enforcement efforts on detecting and penalizing all
illegal labor practices, while others focus more specifically on the
employment of unauthorized foreign workers. As part of their worksite
enforcement efforts, countries use a variety of enforcement tools,
which are generally focused more on employers than on unauthorized
foreign workers. To identify employers for investigation, enforcement
agencies in these countries obtain information or leads from sources,
such as the public and government databases, and use this information
to investigate worksites. According to government officials and
experts, the frequency and publicity of employer investigations helps
deter employers from hiring unauthorized foreign workers, but countries
have faced challenges in investigating and sanctioning employers and
unauthorized foreign workers. These officials also stated that monetary
fines penalize employers for hiring unauthorized foreign workers and
may help deter future unauthorized employment, but others have noted
that fines alone may not be effective in deterring unauthorized foreign
worker employment. In addition to monetary fines, countries we studied
use other means, such as seizure of employers' assets, to penalize
employers for hiring unauthorized foreign workers.
Countries Require Employers to Report or Verify Workers' Employment
Information:
In some countries we studied, the governments typically require
employers to report information on workers, including workers' names
and social insurance numbers, to government agencies when the workers
are hired, and the agencies maintain this information for collecting
taxes and social insurance contributions, administering social
insurance benefits, and, in some cases, conducting worksite enforcement
actions. For example, in France employers are required to submit a
declaration of hire to the social security administration. In Belgium,
employers are required to submit native workers' names and social
insurance numbers to the government's social insurance database. In
Germany, employers are required to report workers' employment
information to the government for the payment of taxes and social
insurance contributions. In some of these countries, employers are
generally required to review noncitizens' work authorization documents,
such as work or residence permits, at the time of hire because
noncitizens typically do not have social insurance numbers to report to
government agencies. Employers can be subject to penalties if they
employ unauthorized foreign workers and failed to check those workers'
work authorization documents. Government officials and experts have
stated that requirements for employers to report workers' information
to government agencies help governments maintain records on individuals
for tax and social insurance purposes, and can help agencies detect
possible cases of illegal employment. However, officials and experts
also stated that document fraud may undermine countries' reporting
requirements and adversely affect governments' ability to hold
employers liable for hiring unauthorized foreign workers.
Some countries we studied require employers to review all workers' work
authorization documents. In the Netherlands, employers are required to
check workers' identity and work authorization documents, such as
passports, residence permits, or identity cards, before the workers
start their employment. Employers are required to maintain a copy of
these documents for at least 5 years after the workers cease their
employment with the employers. In the United Kingdom, employers are not
required to check workers' employment authorization documents, such as
passports, birth certificates, or work permits, but they cannot
establish an affirmative defense against a charge of hiring
unauthorized foreign workers unless they have reviewed workers'
documents.[Footnote 36] While requirements for employers to review
workers' employment authorization documents may help employers ensure
that they hire only authorized workers, according to governmental and
nongovernmental officials, the vulnerability of verification processes
to document fraud has made it difficult for employers to verify
individuals' authorization to work. Officials told us that unauthorized
foreign workers have used false documents to illegally obtain
employment in their countries.
Some Countries Focus Enforcement Efforts on All Illegal Labor
Practices, while Others Focus More Specifically on the Employment of
Unauthorized Foreign Workers:
In some of the countries we studied, labor agencies are primarily
responsible for enforcing workplace laws and focus their enforcement
efforts broadly on identifying all types of illegal labor practices, of
which the employment of unauthorized foreign workers is part, including
employers' provision of substandard working conditions or failure to
appropriately pay minimum wages, taxes, or social insurance
contributions (see table 3). In Germany, for example, worksite
inspectors can check employers' records and practices to determine
whether employers have paid proper amounts of taxes and social
insurance contributions for workers and hired only authorized workers.
Likewise, in Belgium, France, and Switzerland, enforcement actions at
worksites are coordinated among multiple agencies and are focused on
detecting illegal labor practices by employers, though agencies focus
on different elements of those practices. These countries may have
focused their enforcement on all illegal labor practices for various
reasons. For example, because employers' failure to appropriately pay
taxes or social insurance payments contribute to the underground
economy, enforcement agencies may focus on detecting all illegal labor
practices that are linked to the underground economy. Furthermore, by
targeting employers for failure to provide appropriate wages and
working conditions along with other illegal labor practices,
nongovernmental officials have stated that government agencies can
improve working conditions for all workers and thus help reduce
employers' incentives for employing unauthorized foreign workers.
In other countries we studied, particularly Australia and the United
Kingdom, the employment of unauthorized foreign workers is generally
considered less of a labor issue than it is in other countries we
studied. In these countries, immigration agencies are primarily
responsible for enforcing laws that prohibit the employment of
unauthorized foreign workers and more specifically focus enforcement
efforts in that area than similar agencies in other countries we
studied. Other agencies in Australia and the United Kingdom focus on
enforcing labor standards, such as ensuring provision of safe working
conditions and appropriate payment of wages, taxes, and social
insurance contributions, and these agencies often coordinate their
enforcement efforts with the countries' immigration enforcement
agencies.
Table 3: Resources for Enforcement of Illegal Labor Practices as
Reported by Various Countries:
Country: Belgium;
Primary enforcement agency: Labor agency;
Enforcement resources: Approximately 1,100 labor agency inspectors;
Enforcement responsibilities: Investigations of employers' hiring of
unauthorized foreign workers for at least 3 days each month.
Country: Spain;
Primary enforcement agency: Labor agency;
Enforcement resources: Approximately 800 inspectors and 850 deputy
inspectors in the labor ministry;
Enforcement responsibilities: Investigations of occupational health and
safety conditions, payment of social insurance contributions, and other
labor issues, including the employment of unauthorized foreign workers.
Country: Australia;
Primary enforcement agency: Immigration agency;
Enforcement resources: Approximately 4,000 immigration agency staff;
Enforcement responsibilities: Activities related to nonhumanitarian
entry and stay, refugee and humanitarian entry and stay, enforcement of
immigration law, and asylum seeker management.
Country: Canada;
Primary enforcement agency: Immigration agency;
Enforcement resources: Approximately 350 to 400 immigration agency
officers;
Enforcement responsibilities: Inland enforcement activities, including
employers' hiring of unauthorized foreign workers.
Country: United Kingdom;
Primary enforcement agency: Immigration agency;
Enforcement resources: Data not available;
Enforcement responsibilities: Interior enforcement efforts, which are
currently focused primarily on the removal of failed asylum seekers
from the United Kingdom.
Country: Germany;
Primary enforcement agency: Customs authority in the finance ministry;
Enforcement resources: Approximately 7,000 staff in the finance
ministry;
Enforcement responsibilities: Investigations of employers' payment of
social insurance contributions and employers' hiring of unauthorized
foreign workers.
Source: GAO analysis of country-reported data.
[End of table]
Regardless of the focus of enforcement agencies, nongovernmental
officials and experts have suggested that requiring employers to
improve working conditions for all workers may help deter employers
from hiring unauthorized foreign workers. In particular, they have
suggested that enforcement of laws that require employers to provide
safe and equal working conditions for all workers would help eliminate
the advantage employers may gain by hiring unauthorized foreign
workers. They noted that because employers often provide substandard
wages and working conditions for unauthorized foreign workers, it is
less costly for employers to hire unauthorized foreign workers than
authorized workers. According to these officials, requiring employers
to provide the same standard wages and working conditions to all
workers, regardless of their work authorization status, helps reduce
employers' incentives to employ unauthorized foreign workers.
Countries Use Various Tools to Limit Unauthorized Foreign Worker
Employment, but Face Difficulties in Enforcement Efforts:
Countries' Enforcement Efforts Are Employer-focused but Also Include
Deportation of Unauthorized Immigrants:
In some of the countries we studied, officials told us that enforcement
efforts at worksites are more focused on employers, but countries we
studied also implement enforcement actions to target unauthorized
foreign workers. Government officials in France and Spain noted that
their agencies focus worksite enforcement on investigating and
penalizing employers for illegal labor practices and place less
emphasis on penalizing unauthorized foreign workers. In particular, in
countries such as Spain and France, unauthorized foreign workers are
viewed and treated as victims. In France, government officials told us
that unauthorized workers have the same workplace rights as authorized
workers and, therefore, in some instances, can sue employers for back
wages, payment of social insurance contributions, or compensation for
poor working conditions. As a result, employers can be required to
forfeit any profits gained from employing unauthorized foreign workers,
which can help deter employers from employing such workers in the
future.
Nevertheless, countries in our review also take enforcement actions
against unauthorized immigrants, including those detected at worksites.
Unauthorized immigrants can be deported and may also be prohibited from
reentry. Yet according to governmental and nongovernmental officials,
it can be difficult for countries to repatriate unauthorized immigrants
to their home countries, and countries may not be able to deport all
unauthorized immigrants they identify. In some cases, immigrants' home
countries may delay or deny issuing necessary travel documents for
unauthorized immigrants' readmission. These home countries may seek
benefits, such as visa facilitation or border control training, in
return for readmitting their citizens who worked illegally in the other
countries. Some countries we studied used tools, such as limiting
numbers of visas issued to individuals from sending countries, to
encourage other countries' readmission of unauthorized immigrants.
Governments Receive Tips and Check Multiple Databases to Identify
Employment of Unauthorized Foreign Workers:
To help detect illegal labor practices by employers, government
agencies receive information and tips from different sources. These
sources include workers, other government agencies, and the public. In
addition to these sources, agencies in some countries share information
across government databases to help identify possible illegal labor
practices. If information in social insurance or tax databases does not
match employers' records, it may indicate that employers are engaged in
illegal labor activities, including the employment of unauthorized
foreign workers. For example, in France, government officials stated
that when inspecting worksites, labor inspectors may compare
information reported by employers to the French social security
administration with information in employers' records to determine
whether employers have properly registered their workers with the
social security administration and whether workers are authorized. In
Spain, government agencies plan to use database information collected
under the country's 2005 regularization program to target employers for
inspection and to identify unauthorized foreign workers. Government
officials and experts told us that the sharing of information across
government agencies and databases can generate leads for investigating
employers for illegal labor practices. However, some governmental and
nongovernmental officials noted data protection and privacy concerns
with the use of tax and social insurance information in identifying
possible illegal labor practices among employers. In Switzerland, for
example, a nongovernmental official told us that data protection laws
prohibit Swiss labor inspectors from comparing social insurance and
work authorization records.
Frequency and Publicity of Employer Inspections May Help Deter
Unauthorized Foreign Worker Employment:
In countries we studied, enforcement agencies conducted inspections or
investigations of employers to examine employers' compliance with laws
that prohibit various illegal labor practices, including the employment
of unauthorized foreign workers. According to governmental and
nongovernmental officials, the frequency and publicity of these
employer investigations help deter employers from hiring unauthorized
foreign workers. For example, nongovernmental agency officials noted
that an increased frequency of employer investigations helps deter
employers from hiring unauthorized workers. Immigration experts and
governmental officials also suggested that to help deter employers'
hiring of unauthorized foreign workers, government agencies should
conduct frequent inspections so as to increase employers' perception
that they are likely to be investigated, contributing to the deterrent
effect of employer investigations and monetary fines on employers'
hiring of unauthorized foreign workers. However, countries have faced
challenges in conducting employer investigations. For example,
governmental and nongovernmental officials told us that during
investigations some employers may claim that they did not knowingly
hire unauthorized foreign workers because workers presented false
information at the time of hire. The ability of employers to make such
a claim creates difficulties for government agencies in proving that
employers knowingly hired those workers. Additionally, nongovernmental
officials and experts have noted the importance of resources in
conducting frequent employer investigations. For instance, one expert
told us that enforcement efforts do not deter the employment of
unauthorized foreign workers if countries do not provide sufficient
resources for enforcement actions so as to increase the likelihood that
employers will be investigated.
Furthermore, publicizing enforcement actions against employers helps to
deter employers' hiring of unauthorized foreign workers. For example,
government and nongovernmental officials noted that publicizing
employer investigations and sanctions can be an important deterrent to
employers' hiring of unauthorized foreign workers. Moreover, experts
stated that publicizing sanctions imposed on employers serves as a
deterrent to increase employers' perception that they have a
significant chance of being penalized for employing unauthorized
foreign workers.
Countries Use Monetary Fines to Penalize Employers' Use of Unauthorized
Foreign Workers, but the Deterrent Effect of Fines Is Unknown:
Most of the countries we studied use civil or criminal fines to
penalize and deter employers from hiring unauthorized workers. As shown
in table 4, the amounts of civil and criminal monetary fines reported
by country officials, as well as the conditions under which fines can
be imposed, vary across the countries we studied.
Table 4: Civil and Criminal Monetary Fine Amount Ranges for Hiring
Unauthorized Workers Reported by Various Countries:
Country: Australia;
Civil monetary fine amount range: None;
Criminal monetary fine amount range: Individuals and entities can be
fined up to A$10,000 (about $7,500) for aiding and abetting the
employment of unauthorized foreign workers.
Country: Belgium;
Civil monetary fine amount range: Minimum €3,750 ($4,700) per
unauthorized worker for workers without residence and work permits;
minimum €375 ($470) per unauthorized workers for workers without work
permits;
Criminal monetary fine amount range: Minimum €15,000 ($18,800) per
unauthorized worker for workers without residence and work permits;
minimum €1,700 ($2,100) per unauthorized workers for workers without
work permits.
Country: Canada;
Civil monetary fine amount range: None;
Criminal monetary fine amount range: Depending on the type of
conviction, maximum C$50,000 ($43,800) or maximum C$10,000 ($8,800).
Country: France;
Civil monetary fine amount range: €3,110 ($3,900) per unauthorized
worker;
Criminal monetary fine amount range: Maximum €15,000 ($18,800) per
offense.
Country: Germany;
Civil monetary fine amount range: €5 to €500,000 total ($6 to
$628,800);
Criminal monetary fine amount range: Fines imposed on a daily basis
ranging from 5 to 360 days. Daily fine rates range from €1 to €5,000
per day ($1 to $6,300).
Country: Spain;
Civil monetary fine amount range: €6,000 to €60,000 ($7,500 to $75,500)
per unauthorized worker;
Criminal monetary fine amount range: None.
Country: Switzerland;
Civil monetary fine amount range: None;
Criminal monetary fine amount range: Maximum of SwF 5,000 ($4,000) per
unauthorized worker.
Country: United Kingdom;
Civil monetary fine amount range: None;
Criminal monetary fine amount range: Unlimited amount with criminal
conviction.
Source: GAO analysis of country-reported data.
Note: Amounts in U.S. dollars are rounded, based on the exchange rate
from July 25, 2006.
[End of table]
Government officials noted that employer monetary fines may help deter
employers' hiring of unauthorized foreign workers, but officials from
other countries suggested that the deterrent effect of current monetary
fine amounts in their countries is unclear. For example,
nongovernmental agency officials from France, Germany, and Spain noted
that employer monetary fines have helped to deter employers in those
countries from hiring unauthorized foreign workers. In 2005, Germany
imposed about €67 million (about $84.2 million) in civil fines, and
France imposed about €2.7 million (about $3.4 million) in civil fines.
However, other officials stated that fine amounts may be too low to
provide a meaningful deterrent. Governmental and nongovernmental
officials noted that employers often view monetary fines as the cost of
doing business, and therefore, monetary fines do not meaningfully deter
employers from hiring unauthorized workers. Officials suggested that it
can be difficult to set fine amounts that deter employers from hiring
unauthorized foreign workers but do not drive employers out of business
or into the underground economy.
In addition, in some countries we studied, agencies have experienced
difficulties in imposing fines on employers and in collecting fine
amounts from employers. For example, governmental and nongovernmental
officials told us that document fraud hinders the ability of
enforcement agencies to prove employers hired unauthorized foreign
workers and to sanction them. Officials also noted that enforcement
agencies in some countries lack the resources needed to effectively
investigate and sanction employers, affecting the frequency with which
employers are fined for employing unauthorized foreign workers.
Moreover, Belgian government officials told us that the government has
difficulty collecting monetary fines from employers because employers
have declared bankruptcy or sold off company assets to avoid paying the
fine amounts. French and German officials similarly told us that
employers have declared bankruptcy to help avoid paying fine amounts,
and other government officials noted that, in many cases, employers
went out of business before the government collected fine amounts.
French officials also stated that the government plans to primarily
pursue civil, rather than criminal, penalties against employers, as
civil penalties can be imposed and collected more easily than criminal
penalties in that country.
Countries we studied have developed tools to help collect fine amounts
from employers. In Spain, for example, government officials stated that
if an employer decides to appeal the government's imposition of a
monetary fine, the employer is required to pay the fine amount to the
government prior to the appeal, and the government holds the fine
amount in escrow. One Spanish government official told us that as a
result of this process, the Spanish government collects payment on most
of the fines imposed on employers for hiring unauthorized foreign
workers. In Switzerland, government authorities may, in some cases,
require employers to pay fine amounts at the time of the worksite
inspections. Additionally, some countries, such as France and Belgium,
have developed initiatives to address the problems they have
encountered when attempting to collect fine amounts from subcontractors
who may go out of business before paying fine amounts. Under these
initiatives, governments can hold main contractors responsible for
penalties assessed against their subcontractors for employing
unauthorized foreign workers.
Some Countries Require Employers to Forfeit Benefits or Pay Various
Costs for Hiring Unauthorized Foreign Workers:
Some countries use other means in addition to monetary fines to
penalize employers for hiring unauthorized foreign workers, but may
face difficulties in applying the penalties. These penalties include
prohibiting employers from receipt of public contracts; requiring
employers to pay back wages, taxes, and social insurance contributions
for unauthorized foreign workers; closing businesses; seizing
employers' assets; requiring employers to pay costs for deporting
unauthorized foreign workers; and sentencing employers to prison terms.
Some government officials told us that by requiring employers to pay
back wages, taxes, and social insurance contributions for unauthorized
foreign workers, government agencies eliminate any profits employers
gained as a result of employing unauthorized workers. In addition, in
France and Spain, unauthorized foreign workers may denounce, or report,
their employers to government agencies if the employers are engaged in
illegal labor practices. In Spain, unauthorized foreign workers who
denounce their employers may be eligible to obtain legal status.
Additional Insights from Countries' Worksite Enforcement Efforts:
The opportunity for employment is a strong motivator for migrants to
illegally enter a country and employers have a variety of incentives
for hiring unauthorized workers, including the employers' desire to
lower costs to be more competitive in the economy. For this reason,
strong and workable enforcement of labor and immigration laws is a
critical part of implementing a credible immigration system in any
country. By preventing unauthorized migrants from finding employment,
governments may reduce the motivation for migrants to illegally enter
the country. The countries we studied use different mechanisms and
government agencies to enforce their laws against employing
unauthorized foreign workers, yet all countries face challenges in
implementing effective worksite enforcement policies. These challenges
include making decisions about how to leverage resources to meet the
goals of their worksite enforcement programs. Within that framework, it
is important for countries to determine how best to coordinate the
various government agencies and to allocate resources for enforcing
employment laws. While employer sanctions play an important role in
countries' worksite enforcement efforts, it can be difficult to set
penalties that are neither so low as to be considered simply the cost
of doing business by unscrupulous employers nor so punitive that they
are unlikely to be imposed for fear of bankrupting businesses, which
may cause native workers to lose their jobs. In addition, publicizing
worksite enforcement efforts can leverage enforcement resources by
reinforcing with employers the risk they take when they employ
unauthorized workers.
Countries' Experiences with Regularization Programs:
Some countries we studied have implemented regularization programs that
provide eligible unauthorized immigrants with the opportunity to obtain
legal status on a temporary or permanent basis for various reasons, and
countries have established different eligibility requirements for
program participation. Employers and unauthorized foreign workers may
have incentives for participating in regularization programs, but may
choose not to participate because they gain benefits from unauthorized
employment. Governments in countries that have implemented
regularization programs reported benefits from these programs, such as
collecting increased tax and social insurance contributions, yet
governments face a variety of challenges in managing such programs. In
addition, some experts have suggested that regularization programs can
create a magnet for future illegal immigration flows, but others have
stated that the impact of regularization programs on unauthorized
immigration and employment is unclear.
Countries Have Implemented Regularization Programs for a Variety of
Reasons:
Countries we studied have implemented regularization programs for
various reasons, according to experts. Greece, Italy, France, and Spain
have implemented regularization programs to help reduce the amount of
employment that occurs in the underground economy by collecting tax and
social insurance contributions from unauthorized foreign workers who
did not previously pay their taxes or required contribution amounts.
Moreover, regularization programs in France have been intended to help
facilitate the social and economic integration of immigrants and their
families. Countries, including Greece, Italy, Spain, and Portugal, have
also implemented regularization programs to address perceived
deficiencies of previous regularization or other immigration policies,
such as unauthorized immigrant populations who failed to participate or
who subsequent to their regularization lapsed into an unauthorized
status. In addition, Italy, France, and the United Kingdom have
initiated regularization programs to allow family members to legally
remain together in a country or to meet humanitarian needs, such as
those of asylum seekers or individuals with health concerns.
Countries Require Unauthorized Immigrants to Meet Criteria for
Participation in Regularization Programs:
Some countries we studied, including Italy, Greece, and Spain, have
implemented programs through which unauthorized immigrants could
regularize or change their status to gain temporary or permanent legal
residency, and in some countries, such as Greece and Argentina,
unauthorized immigrants could eventually apply for citizenship. Other
countries, including the United Kingdom, France, Belgium, and the
Netherlands, have implemented regularization efforts on a case-by-case
basis for humanitarian or family reunification purposes, for
individuals residing in the countries for long periods of time, or for
immigrants awaiting decisions on asylum claims. Only a limited number
of immigrants are typically eligible for participation in these
programs. In the United Kingdom, individuals who applied for asylum
before October 2000 and had a dependent residing with them in the
country between October 2000 and October 2003 could apply for legal
status for themselves and their dependents.[Footnote 37] Moreover,
unauthorized immigrants residing in the United Kingdom continuously for
at least 14 years are eligible for permanent residency. Beginning in
1998, France implemented a program through which unauthorized
immigrants resident in the country for at least 10 years could apply
for regularization.
Other regularization programs are designed to address countries' large
unauthorized immigrant populations by providing these immigrants with
an opportunity to obtain legal status, typically on a temporary basis.
Governments established eligibility criteria, such as employment or
residency requirements, that unauthorized immigrants were required to
meet to be eligible for participation in the programs. For example,
under Spain's 2005 regularization program, the Spanish government
required unauthorized immigrants to have job offers from employers in
order to be eligible for regularization. The government required
employers to apply for regularization on behalf of their unauthorized
foreign workers and, in doing so, demonstrate that the workers had been
present in Spain for at least 6 months and possessed a current contract
for a job for a minimum period of 6 months.[Footnote 38] Some
unauthorized foreign workers, such as those who worked in part-time
jobs or for several employers, could directly apply to the Spanish
government for regularization without applying through their employers.
The Spanish government did not penalize employers or unauthorized
foreign workers who applied for regularization, and only those
unauthorized immigrants who met the residency and employment criteria
could apply for legal status. About 700,000 unauthorized foreign
workers applied and qualified for the regularization program out of an
estimated 800,000 workers projected to be eligible for program
participation.[Footnote 39]
Similarly, other countries' regularization programs have required
applicants to meet residence or employment requirements. For example,
experts have reported that under Italy's 2002 regularization program,
unauthorized immigrants were required to provide proof of employment
and payment of 3 months' social insurance contributions in order to
apply for the program. Under Greece's 2001 program, unauthorized
immigrants were required to prove that they previously had legal
residence status in Greece and had continuously resided in the country
since expiration of their status or that they had lived in Greece for
at least 1 year prior to enactment of the program. Under France's 1981-
1982 regularization program, unauthorized immigrants were required to
show that they had resided in France prior to January 1982 and were
currently employed or had a work contract valid for at least 1 year.
Table 5 provides information on selected countries' regularization
programs.
Table 5: Selected Countries' Regularization Programs:
Country: Argentina;
Year of program initiation: 2004;
Program requirements: Applicants were required to have resided and
worked in Argentina since June 30, 2004;
Type of status granted: 2 year residence permit renewable for 2
additional years; after 4 years, immigrants are eligible for permanent
residence status;
Estimated number regularized[A]: 11,300.
Country: Belgium;
Year of program initiation: 2000;
Program requirements: Applicants were required to have been in Belgium
before October 1, 1999, and to have a pending asylum petition;
an inability to return to their home country for humanitarian reasons;
serious illness; or residence in the country for 6 years without
receiving an order to leave in the past 5 years;
Type of status granted: Long-term residence status;
Estimated number regularized[A]: (52,000 applications)[B].
Country: Canada;
Year of program initiation: 1973;
Program requirements: Applicants were required to have resided in
Canada before November 1972 and show a stable employment history and
family ties in Canada;
Type of status granted: Long term residence status;
Estimated number regularized[A]: 50,000.
Country: France;
Year of program initiation: 1997;
Program requirements: Applications were for family reunification or
families in irregular situations;
Type of status granted: Permanent resident status;
Estimated number regularized[A]: 78,000.
Country: France;
Year of program initiation: 1981-1982;
Program requirements: Applicants were required to have resided in
France prior to January 1982 and been employed at the time of
application or had a valid work contract for at least 1 year. The
program was expanded to include other types of unauthorized immigrants;
Type of status granted: Permanent residence status;
Estimated number regularized[A]: 121,000.
Country: Greece;
Year of program initiation: 2001;
Program requirements: Applicants were required to prove that they
previously had legal residence status in Greece and had continuously
resided in the country since expiration of their status or that they
had lived in Greece for at least 1 year prior to enactment of the
program;
Type of status granted: 2 year renewable residence permit;
after 10 years, immigrants are eligible for permanent residence status;
Estimated number regularized[A]: (351,000 applications)[B].
Country: Greece;
Year of program initiation: 1998;
Program requirements: Applicants were required to apply first for a
"white card," under which they received a 6-month residence permit
before receiving a "green card" application, which was a renewable work
and residence permit for 1 to 5 years. For a green card, applicants had
to prove that were legally employed since January 1, 1998 at the
minimum wage;
Type of status granted: White card: 6-month residence permit;
Green card: 1 to 5-year renewable work and residence permit;
Estimated number regularized[A]: 371,000[C].
Country: Italy;
Year of program initiation: 2002;
Program requirements: Applicants were required to provide proof of
employment and payment of 3 months' social insurance contributions;
Type of status granted: 1- year renewable permit;
Estimated number regularized[A]: 635,000[D].
Country: Italy;
Year of program initiation: 1998;
Program requirements: Applicants were required to have resided in Italy
prior to March 27, 1998 and employers who paid taxes on their wages;
Type of status granted: Temporary permit;
Estimated number regularized[A]: 217,000.
Country: Italy;
Year of program initiation: 1995;
Program requirements: Applicants were required to have been residing in
Italy, were employed during the past 6 months or had a job offer from
an employer, and had paid 3 months of social insurance contributions;
Type of status granted: 1-or 2-year renewable residence permit;
Estimated number regularized[A]: 245,000.
Country: Italy;
Year of program initiation: 1990;
Program requirements: Applicants were required to have resided in Italy
prior to December 31, 1989;
Type of status granted: 2-year renewable residence permit;
Estimated number regularized[A]: 218,000.
Country: Italy;
Year of program initiation: 1987;
Program requirements: Applicants were required to have an employer
sponsor and to have been in Italy prior to January 27, 1987;
Type of status granted: Temporary work permit;
Estimated number regularized[A]: 119,000.
Country: New Zealand;
Year of program initiation: 2000;
Program requirements: Applicants were required to have been in New
Zealand for 5 years or more; to have been a parent of a child born in
New Zealand; to have been a partner of a New Zealander for 1 year or
more; or to have been married to a New Zealander;
Type of status granted: 2-year work permit after which individuals are
eligible for permanent residence;
Estimated number regularized[A]: 3,700.
Country: Portugal;
Year of program initiation: 2001;
Program requirements: Applicants were required to have been present in
the country and have a work contract;
Type of status granted: 1-year permit renewable a maximum of 4 times;
after 5 years, individuals are eligible for permanent residence;
Estimated number regularized[A]: 179,000[E].
Country: Portugal;
Year of program initiation: 1996;
Program requirements: Applicants were required to prove that they were
involved in a professional activity, had a basic ability to speak
Portuguese, had housing, and had not committed a crime. Applicants from
Portuguese-speaking countries could apply if they had been in the
country since December 31, 1995, and applicants from non-EU states
could apply if they had been in the country prior to March 25, 1995;
Type of status granted: Temporary residence permit;
Estimated number regularized[A]: 22,000.
Country: Portugal;
Year of program initiation: 1992;
Program requirements: Applicants were required to have been in Portugal
before April 15, 1992;
Type of status granted: Temporary residence and work permit;
Estimated number regularized[A]: 39,000.
Country: Spain;
Year of program initiation: 2005;
Program requirements: Applicants were required to have proof of
registration with a local municipality in Spain before August 7, 2004;
to have been in the country at the time they applied; and to have a
work contract and a clean criminal record. Employers were required to
demonstrate that they were enrolled in and paying into social security,
had no history of breaking immigration laws in the previous 12 months,
and had not been sanctioned for violating the rights of workers or
immigrants;
Type of status granted: I-year renewable residence permit;
Estimated number regularized[A]: 549,000.
Country: Spain;
Year of program initiation: Country: 2001;
Program requirements: Applicants were required to have resided in Spain
since January 23, 2001, and were employed or were family members of a
legal foreign worker or Spanish citizen;
Type of status granted: 1- year renewable temporary residence permit;
Estimated number regularized[A]: 235,000.
Country: Spain;
Year of program initiation: 2000;
Program requirements: Applicants were required to have resided in Spain
prior to June 1, 1999; had either a work permit or residence permit in
the previous 3 years; or had applied for a work or residence permit;
Type of status granted: 1-year renewable temporary residence and work
permit;
Estimated number regularized[A]: 164,000.
Country: Spain;
Year of program initiation: 1996;
Program requirements: Applicants were required to have worked in Spain
since January 1, 1996, have a work or residence permit issued after May
1986, or to be a member of the family of a migrant living in Spain
before January 1996;
Type of status granted: 5-year residence permit;
Estimated number regularized[A]: 21,000.
Country: Spain;
Year of program initiation: 1991;
Program requirements: Applicants were required to have been in Spain
since May 15, 1991, or were asylum seekers whose applications were
rejected or pending;
Type of status granted: 3-year residence permit;
Estimated number regularized[A]: 110,000.
Country: Spain;
Year of program initiation: 1985;
Program requirements: Applicants were required to have a job offer and
to have been in Spain prior to July 24, 1985;
Type of status granted: 1-year renewable residence permit;
Estimated number regularized[A]: (44,000 applications)[B].
Source: GAO analysis based on information reported by countries and
studies, particularly Amanda Levinson, The Regularization of
Unauthorized Migrants: Literature Survey and Country Case Studies,
Centre on Migration, Policy and Society (Oxford, United Kingdom: 2005).
Data on the estimated number of regularizations are from the OECD.
Note: In some countries, such as Argentina and Greece, immigrants whose
status was regularized can eventually apply for citizenship.
[A] Under each program, individuals are regularized over different
periods of time.
[B] Data on the estimated number regularized were not available.
[C] Data refer to persons who were issued a white card.
[D] Data refer to the number of permits issued at the beginning of
2004.
[E] Data refer to the number of 1-year residence permits provided
between January 2001 and March 2003.
[End of table]
In addition, experts have suggested development and implementation of
earned regularization programs, which are generally characterized by
countries' use of a points system for determining whether to regularize
an unauthorized immigrant's status.[Footnote 40] Although experts
differ on specific requirements for earned regularization programs, in
general, these programs would link regularization to a temporary worker
program and allow unauthorized immigrants to apply for regularization
only after meeting specified criteria over a certain period of time.
For example, migrants residing illegally in a country would first be
granted a temporary residence and work permit for a certain amount of
time, such as for 3 years, during which they would be required to
collect credits or points to eventually qualify for a permanent
residence and work permit. The points could be based on a variety of
different criteria, like stable employment, payment of taxes and social
security contributions, legal presence of a family member in the
country, and documented language fluency. Unauthorized migrants would
be required to obtain a minimum number of points during the length of
their temporary permit in order to be eligible to apply for permanent
residency. Those migrants who failed to obtain the required number of
points could be required to return to their home countries.
Experts have pointed out advantages to earned regularization programs.
They suggest that initially providing unauthorized foreign workers with
temporary legal status allows the largest possible number of
unauthorized immigrants to participate in the program and transfers
work that previously occurred in the underground economy into the
formal economy. Earned regularization programs also allow unauthorized
foreign workers who would like to work toward permanent residence
status to do so based on specific criteria for earning points. However,
experts have also noted drawbacks to earned regularization programs.
For example, requiring unauthorized foreign workers to earn the
opportunity to apply for permanent residence status may complicate
these workers' ability to economically and socially integrate into a
country. Moreover, an earned regularization program based on a points
system could favor high-skilled workers over low-skilled workers,
making it difficult for low-skilled workers to obtain permanent
residence status.
Employers and Unauthorized Foreign Workers Have Incentives to
Participate in Regularization Programs but Have Not Always Done So:
According to officials and studies, employers and unauthorized foreign
workers have incentives to participate in regularization programs but
have not always participated for various reasons. For example,
employers may participate in programs by applying for regularization on
behalf of their workers so as to avoid possible civil, also called
administrative, or criminal penalties for employing unauthorized
foreign workers after implementation of the programs. In implementing
regularization programs, countries such as Spain and France have
introduced new or strengthened enforcement programs, including
increased employer monetary penalties, for employing unauthorized
foreign workers. Experts have suggested that the credible threat of
enforcement helps create an incentive for employers, as well as
workers, to participate in regularization programs.
Unauthorized foreign workers may want to participate in regularization
programs to be better able to seek fair or higher wages and safe
working conditions from their employers, and regularization programs
thus can help to address any employer exploitation of unauthorized
foreign workers. As a result of regularization, formerly unauthorized
foreign workers may also be better able to compete for higher-paying
jobs and obtain opportunities for acquiring or enhancing their work
skills. Regularization programs also allow formerly unauthorized
foreign workers to access social insurance benefits. In addition,
participation in regularization programs may help formerly unauthorized
foreign workers better integrate into a country by, for instance,
helping them to acquire education and language skills. Participation in
regularization programs may also provide formerly unauthorized foreign
workers with the opportunity to visit their home countries.
Government officials and experts have noted that not all employers and
workers may choose to participate in regularization programs. For
example, unscrupulous employers may not help unauthorized foreign
workers apply for regularization programs because the employers gain
benefits from employing unauthorized foreign workers and do not fear
the possibility of government penalties. Employers can save money or
gain greater profits by employing unauthorized foreign workers and thus
not paying taxes or social insurance contributions or providing safe
working conditions for those workers. Employers who hire unauthorized
foreign workers may have a competitive advantage over other employers
who hire only authorized workers and, as a result, may be less willing
to provide unauthorized foreign workers who want to regularize their
status with the documents needed to prove that the workers meet program
eligibility requirements. For example, studies have reported that
during France's 1981-1982 regularization program, some employers were
unwilling to provide unauthorized foreign workers with the appropriate
documentation, as initially required under the program, and in some
cases, employers fired unauthorized foreign workers who requested their
employers' assistance in applying for regularization. To address this
problem, the French government modified program requirements to allow
third parties to assist unauthorized foreign workers rather than
relying solely on employers to do so.
In addition, unauthorized foreign workers may not want to participate
in regularization programs for various reasons. For example, workers
granted temporary legal residency status under regularization programs
may deliberately allow their legal status to expire and revert to
unauthorized status in order to better obtain employment. Because
employers can benefit from employing unauthorized foreign workers,
unscrupulous employers may seek to fill jobs held by workers who
obtained legal status with other unauthorized foreign workers,
hindering the ability of workers with new legal status to compete with
unauthorized foreign workers for jobs. Therefore, government officials
and experts have stated that it is important to implement new or
enhanced worksite enforcement efforts in conjunction with a
regularization program to maximize participation in the program by
employers and eligible immigrants and to help deter employers from
hiring unauthorized foreign workers in the future. Unauthorized foreign
workers may also choose not to participate in regularization programs
because they lack knowledge about program requirements and may fear
expulsion if they register for program participation. According to
government officials and experts, lack of information about
regularization program requirements may hinder unauthorized immigrants'
participation in such programs.
Governments Perceive Benefits from Regularization Programs but Face
Difficulties in Implementing Such Programs:
According to officials and experts, countries' governments benefit from
regularization programs but may incur costs and face challenges in
implementing these programs. In particular, workers who resided and
worked illegally in a country likely did not pay taxes and social
insurance contributions to the government. However, after changing
their status to legal residency under regularization programs,
governments could collect taxes and social insurance contributions from
formerly unauthorized foreign workers by, for example, requiring
workers to pay these contributions prior to changing their status. As a
result, formerly unauthorized workers' employment is transferred from
the underground economy to the formal economy. Furthermore, governments
can collect social insurance contributions from these workers who
previously accessed benefits but did not contribute to the social
insurance system. This collection of social insurance contributions
from a greater segment of countries' populations may also help in the
short term to address demographic challenges faced by countries with
aging, low-growth populations and declining levels of social insurance
contributions. In Spain, for example, the government collected social
insurance contributions from previously unauthorized foreign workers by
requiring employers to pay 1 month's contributions for their workers.
As of February 2006, officials from Spain reported that approximately
560,000 of the nearly 700,000 individuals who applied for the
regularization program had paid the required social insurance
contribution, and government officials noted that as a result of the
regularization program, the percentage of individuals contributing to
the social insurance system increased.
In addition, governments may gain information on and estimates of the
size of the unauthorized immigrant population in the country as a
result of implementing regularization programs. For example, officials
and studies reported that regularization programs may provide
governments with data that can help in estimating the number of
unauthorized immigrants residing in the country prior to program
implementation. Regularization programs may also provide governments
with information about the demographics of migrants, which could assist
countries in developing policies to manage future migrant flows and
employment. In addition, regularization programs may help countries
better understand and regulate their underground economies by providing
them with information on unauthorized immigrants' labor market
participation.
Yet governments may incur costs and face challenges in implementing
regularization programs, according to officials and experts. For
example, while in many of the countries we studied unauthorized
immigrants can receive some social insurance benefits, particularly
health and unemployment insurance, these immigrants generally cannot
access other benefits, such as retirement benefits. After unauthorized
immigrants' status is regularized, these immigrants can fully access
social insurance benefits, and though they also contribute to the
social insurance system, it is uncertain whether immigrants'
contributions are greater than the benefits they draw. In addition,
according to studies, some unauthorized foreign workers may qualify for
regularization but continue to work in the underground economy after
gaining legal status.[Footnote 41] In such cases, the formerly
unauthorized foreign workers could continue to receive some social
insurance benefits available to all individuals residing in the country
regardless of their immigration status but may not be contributing to
the social insurance system. As a result, regularization programs may
not necessarily increase countries' tax and social insurance revenue
over time.
Governments also face difficulties in managing the application process
for regularization programs, particularly in reviewing large numbers of
applications and detecting fraud in the process. In Spain,
nongovernmental officials reported that in past regularization
programs, large numbers of applicants initially overwhelmed the
application review process, resulting in long lines of individuals
waiting to apply and requiring the government to modify application
procedures. During the 2005 regularization program, government
officials told us that the Spanish government took steps, such as
developing an electronic database for processing applications, to
address some of the challenges experienced under prior regularization
programs. In Portugal, Italy, and Greece, studies have reported
significant delays in the application review process and a lack of
government oversight of the process. They also noted that unauthorized
immigrants have used fraudulent documents to apply for regularization.
During Canada's 1974 regularization program, the government provided
training to immigration agency staff for reviewing and processing
regularization applications, which helped limit some problems in the
application review process, according to studies.
Moreover, governmental and nongovernmental officials told us that
regularization programs may be particularly difficult to implement in
cases where the programs require immigrants to return to their home
countries before applying for the programs. For example, between 1993
and 2000, the Spanish government managed a program through which
employers could apply to hire unauthorized foreign workers residing in
Spain, but workers were required to return to their home countries to
receive a legal work permit. According to officials, the government
granted exemptions to this requirement for the majority of unauthorized
workers because of low participation in the program and limited
government enforcement of the return requirement. Because many
unauthorized foreign workers developed social and communal ties in the
country, they did not want to leave Spain to apply for regularization
and chose rather to remain in the country in an unauthorized status.
According to some officials and experts, it is important to implement
enforcement efforts in conjunction with a regularization program to
help ensure that individuals comply with program requirements and
immigration law and to maximize participation in the program.
In addition, governments have faced difficulties when individuals
granted temporary legal status under regularization programs do not
renew their status or lapse into an unauthorized status, contributing
to countries' decisions to initiate other regularization programs in
the future. For example, under regularization programs in Spain,
unauthorized foreign workers were granted temporary legal residence and
work status and were required to periodically renew this status.
However, officials and studies noted that a significant number of
workers initially granted legal status under Spain's programs did not
subsequently renew their status for various reasons, such as unclear
criteria for permit renewals or lack of knowledge about renewal
procedures, and lapsed into an unauthorized status. Likewise, under
other countries' regularization programs, such as Greece's and Italy's
programs, studies have suggested that large numbers of immigrants
initially granted temporary legal status did not renew their legal
status and reverted to an unauthorized status. According to experts,
countries have faced difficulties in determining the number of
unauthorized immigrants eligible for regularization who were granted
legal status under previous programs but had reverted to illegal
status. Thus, countries that have implemented multiple regularization
programs that provide immigrants with temporary legal status may
repeatedly provide this status to the same group of unauthorized
immigrants. As a result, while countries claimed that each large-scale
regularization program would be the last such program offered, these
countries have repeatedly initiated such programs not only to address
new unauthorized immigrant inflows, but also to reregularize previously
authorized immigrants.
Furthermore, experts have noted that countries have experienced
challenges in developing and implementing policies to address the
status of unauthorized immigrants who were not eligible or did not
complete applications for the programs. For example, Spanish government
officials stated that not all unauthorized immigrants eligible for the
2005 program completed the application process. The Spanish government
estimated that about 140,000 immigrants who initially registered for
the program did not pay the required 1-month social insurance
contribution, and thus these immigrants remained unauthorized. Studies
have also noted that unauthorized immigrants' difficulties in proving
their eligibility, such as providing documents that prove residency and
employment status, may undermine immigrants' ability to complete the
application process.[Footnote 42] Additionally, experts have stated
that countries such as Spain may face challenges in implementing
programs to address unauthorized immigrants who do not gain legal
residency status. Because not all unauthorized immigrants are eligible
for or participate in regularization programs, it can be difficult for
countries to develop policies to address remaining unauthorized
immigrant populations, such as determining whether to deport these
unauthorized immigrants or to provide them with other opportunities to
obtain legal status. According to experts, large-scale removals are
extremely expensive and require consideration of humanitarian factors,
such as impacts on families with members of mixed legal statuses.
Impact of Regularization Programs on Illegal Immigration and Employment
Is Unknown:
Experts have noted that regularization programs may be viewed as a pull
factor in encouraging further illegal immigration. For example,
unauthorized immigrants may illegally enter or stay in a country that
has previously implemented regularization programs with the expectation
that the country will implement a similar program in the future. To
guard against such a perception, experts suggested that it is important
for countries that implement a regularization program to clearly
indicate that the program is a one time program by, for example,
introducing new or enhanced enforcement efforts in conjunction with a
regularization program.
However, other experts have suggested that the extent to which
regularization programs affect additional illegal immigration flows and
employment is unclear. Countries generally have not evaluated the
results of regularization programs, including the extent to which such
programs encourage further illegal immigration, and as a result, the
long-term effects of these programs are not known. Moreover, a variety
of factors can affect illegal immigration and employment, making it
difficult to directly link regularization programs to increased illegal
immigration flows and employment. For example, because employers have
economic incentives to hire unauthorized foreign workers, employers may
continue to recruit and employ those workers instead of hiring legal
workers, such as those whose status has been regularized. In addition,
the extent to which countries enforce laws that prohibit unauthorized
employment as part of regularization programs varies and thus affects
programs' outcomes differently.
Additional Insights from Countries' Regularization Programs:
There are a number of difficult issues for countries contemplating a
regularization program to consider. For example, it is important for
countries to estimate the likely number of migrants that would be
eligible for regularization in order to effectively plan for the
administrative responsibilities that will be required for
implementation. Countries we studied have faced various administrative
challenges in implementing their regularization programs, and the
largest of the programs in our study regularized the status of
approximately 635,000 immigrants. In addition, it is critical for
countries to evaluate the most appropriate legal status to grant
regularized immigrants--temporary, temporary yet renewable, or
permanent status--and to determine the extent to which regularized
immigrants granted temporary status renew their status or leave the
country upon expiration of their status. Furthermore, a committed
effort by countries to enforce laws that prohibit the employment of
unauthorized workers is a key element of a successful regularization
program, as not all unauthorized immigrants may qualify for the program
and the opportunity for employment may continue to motivate individuals
to migrate illegally. Regularized immigrants granted temporary legal
status may also subsequently lapse into an unauthorized state, which,
in the absence of effective worksite enforcement, may increase the
likelihood that a country undertakes future regularization programs.
Concluding Observations:
Other countries' programs for admitting foreign workers, enforcing laws
that prohibit the employment of unauthorized foreign workers, and
regularizing the status of unauthorized immigrants are shaped by each
country's unique political, social, cultural, and economic
characteristics. Therefore, these programs may not be readily
applicable to the United States. However, other countries' experiences
in developing and implementing these programs are useful in identifying
a range of issues for consideration by any country contemplating
reforms to its immigration policy and can help highlight the potential
advantages and pitfalls associated with them.
Even with implementation of a range of foreign worker, enforcement, and
regularization programs, all countries, including the United States,
face challenges in fully eliminating all unauthorized immigration and
employment. Not all employers may want to comply with laws that
prohibit the employment of unauthorized workers, as it is often less
costly for employers to employ unauthorized, rather than authorized,
workers. Likewise, workers have economic incentives to illegally
migrate to and obtain employment in other countries, and even if given
the opportunity to gain legal status, they may perceive that there are
benefits to remaining in an unauthorized status. No one program or
mechanism can fully address the employment of unauthorized foreign
workers. Therefore, efforts to effectively address this problem may
require development and implementation of a strategic approach,
including programs to assess labor market needs for foreign workers and
admit any needed workers, to reliably verify the employment
authorization status of workers, and to enforce laws that prohibit the
employment of unauthorized foreign workers.
As arranged with your office, unless you publicly announce the contents
of this report earlier, we plan no further distribution until 7 days
after the date of this report. At that time, we will send copies of
this report to the Secretary of Homeland Security, the Secretary of
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http://www.gao.gov].
If you or your staff have any questions regarding this report, please
contact me at (202) 512-8777 or stanar@gao.gov. Contact points for our
Offices of Congressional Relations and Public Affairs may be found on
the last page of this report. GAO staff who made major contributions to
this report are listed in appendix XIII.
Signed by:
Richard M. Stana:
Director, Homeland Security and Justice Issues:
[End of section]
Appendix I: Scope and Methodology:
To determine how countries' programs for foreign worker admissions,
enforcement of workplace laws, and regularization function, we
interviewed officials and obtained documents from 8 countries and sent
questionnaires to 13 other countries. We interviewed government
officials during site visits to the following countries: Belgium,
Canada, France, Germany, Spain, Switzerland, and the United Kingdom. We
also interviewed officials from, but did not visit, Australia. We
selected these countries based on the following criteria: net
immigration rate; size of population; membership in the Organisation
for Economic Co-operation and Development (OECD); classification by the
World Bank as high income; range of immigration policies; and
geographic location. In these countries, we met with officials from the
labor ministries, interior ministries, finance ministries, treasury
departments, social security agencies, immigration agencies, law
enforcement agencies, and local government agencies. We also sent
questionnaires to government agencies in 13 countries. We selected
these 13 countries based on the following criteria: net immigration
rate; population; membership in the OECD or classification by the World
Bank as high income; and geographic location.
We analyzed information and documents, such as agency annual reports,
manuals, and briefing materials, from the 8 countries to determine the
characteristics, functions, resources, and outputs of the countries'
programs to admit foreign workers, enforce laws that prohibit the
employment of unauthorized foreign workers, and regularize unauthorized
immigrants. We also examined this information to determine government
officials' views on foreign worker programs, efforts to enforce laws
that prohibit the employment of unauthorized foreign workers, and
regularization efforts, including to identify the advantages and
disadvantages of these programs. We did not independently examine
countries' laws and regulations, but rather based characterizations of
countries' programs on information provided by countries as of July
2006. In addition, we analyzed this information to determine the extent
to which countries' programs may provide insights or examples for
development and implementation of similar programs in the United
States.
To develop the questionnaires, we analyzed reports and studies from the
International Labour Organization (ILO), the International Organization
for Migration (IOM), the OECD, and other organizations. We also spoke
with and examined reports from six experts. We received technical
comments on draft versions of the questionnaires from officials at the
Department of State and the ILO and from 2 experts. We also pretested
the questionnaires with officials from 4 countries. We made relevant
changes to the questionnaires based on the technical comments and
pretests.
We sent the questionnaires to Department of State officials responsible
for each country. These officials then sent the questionnaires to U.S.
embassy officials in each country we surveyed. The embassy officials
provided the questionnaires to the appropriate foreign government
agencies and returned the agencies' questionnaire responses to us upon
completion. As of August 1, 2006, we received questionnaire responses
from 6 countries--Argentina, Austria, the Netherlands, New Zealand,
Portugal, and Singapore. We encouraged countries to complete and return
the questionnaires by contacting Department of State desk officers and
embassy officials on multiple occasions and sending additional copies
of questionnaires when requested. We performed this work from October
2005 through August 2006.
Because our sample was not designed to be representative of a defined
universe of countries, questionnaire results cannot be generalized
beyond the countries we surveyed. Moreover, since our survey used a
nonprobability selection of countries, there are no sampling errors.
However, the practical difficulties of conducting any survey may
introduce errors, commonly referred to as nonsampling errors. For
example, measurement errors are introduced if difficulties exist in how
a particular question is interpreted or in the sources of information
available to respondents in answering a question. In addition, coding
errors may occur if mistakes are entered into a database. We took
extensive steps in the development of the questionnaires, the
collection of data, and the editing and analysis of data to minimize
total survey error. As noted above, to reduce measurement error and
ensure questions and response categories were interpreted in a
consistent manner, we pretested the questionnaires with several
countries.
We analyzed data reported by countries during interviews and on the
questionnaires regarding the outputs and resources of their foreign
worker programs, worksite enforcement efforts, and regularization
efforts. We assessed the reliability of this data by reviewing the data
for obvious errors and inconsistencies and interviewing agency
officials knowledgeable about the data. If necessary, we contacted
respondents and government officials we had interviewed to clarify
responses and, when documentation about the data was provided, we
reviewed it. We determined that the data were sufficiently reliable for
the purposes of our review. However, we could not compare data on
resources and outputs across the countries because each country we
reviewed collects and maintains information on resources and outputs
differently.
In addition to interviewing and surveying government officials, we
interviewed officials from ILO, IOM, OECD, the European Union (EU), the
United Nations High Commission for Refugees, the United Nations High
Commission for Human Rights, and the Intergovernmental Consultations on
Asylum, Refugee, and Migration Policies. We also interviewed officials
from 6 employer associations, 10 labor groups, and 1 advocacy group, as
well as 19 immigration experts, in Belgium, Canada, France, Germany,
Spain, Switzerland, the United Kingdom, and the United States (see app.
XII). We selected the experts based on the following criteria: type and
depth of experience, recognition in the professional community,
relevance of published work, employment history, and researchers'
recommendations. We also interviewed officials from the Department of
Labor and the Department of Homeland Security in the United States. We
analyzed information from these groups and experts to determine their
views on the advantages and disadvantages of countries' temporary
foreign worker programs, regularization efforts, and efforts to enforce
laws that prohibit the employment of unauthorized foreign workers.
We also examined reports from various nongovernmental agencies and
immigration experts. We analyzed reports from ILO, IOM, OECD, and the
EU. We also examined reports and studies from various research
organization and immigration experts, including reports from the
Migration Policy Institute; the Center on Migration, Policy and Society
at Oxford University; and the Center for Comparative Immigration
Studies. We selected these reports and studies based on their relevance
to our review, recognition in the professional community, and experts'
recommendations. We analyzed information in these reports and studies
to identify the advantages and disadvantages of countries' temporary
foreign worker, enforcement, and regularization programs.
We conducted our work from September 2005 through August 2006 in
accordance with generally accepted government auditing standards.
[End of section]
Appendix II: Information on Immigration-Related Programs in Selected
Countries:
Table 6: Selected Information on Countries' Population Characteristics:
Country: Argentina;
Total population: 39.9 million;
Total legal migrant population: 1.5 million;
Total migrant population as a percentage of total population: 4
percent;
Net migration rate (per 1,000 persons): 1.
Country: Australia;
Total population: 20.3 million;
Total legal migrant population: 4.7 million;
Total migrant population as a percentage of total population: 25
percent;
Net migration rate (per 1,000 persons): 5.
Country: Austria;
Total population: 8.2 million;
Total legal migrant population: 756,000;
Total migrant population as a percentage of total population: 9
percent;
Net migration rate (per 1,000 persons): 1.
Country: Belgium;
Total population: 10.4 million;
Total legal migrant population: 880,000;
Total migrant population as a percentage of total population: 9
percent;
Net migration rate (per 1,000 persons): 1.
Country: Canada;
Total population: 33.1 million;
Total legal migrant population: 5.8 million;
Total migrant population as a percentage of total population: 19
percent;
Net migration rate (per 1,000 persons): 5.
Country: France;
Total population: 60.9 million;
Total legal migrant population: 6.3 million;
Total migrant population as a percentage of total population: 11
percent;
Net migration rate (per 1,000 persons): 1.
Country: Germany;
Total population: 82.4 million;
Total legal migrant population: 7.3 million;
Total migrant population as a percentage of total population: 9
percent;
Net migration rate (per 1,000 persons): 2.
Country: Netherlands;
Total population: 16.5 million;
Total legal migrant population: 1.6 million;
Total migrant population as a percentage of total population: 10
percent;
Net migration rate (per 1,000 persons): 2.
Country: New Zealand;
Total population: 4.1 million;
Total legal migrant population: 850,000;
Total migrant population as a percentage of total population: 23
percent;
Net migration rate (per 1,000 persons): 2.
Country: Portugal;
Total population: 10.6 million;
Total legal migrant population: 233,000;
Total migrant population as a percentage of total population: 2
percent;
Net migration rate (per 1,000 persons): 1.
Country: Singapore;
Total population: 4.5 million;
Total legal migrant population: 1.4 million;
Total migrant population as a percentage of total population: 34
percent;
Net migration rate (per 1,000 persons): 20.
Country: Spain;
Total population: 40.4 million;
Total legal migrant population: 1.3 million;
Total migrant population as a percentage of total population: 3
percent;
Net migration rate (per 1,000 persons): 1.
Country: Switzerland;
Total population: 7.5 million;
Total legal migrant population: 1.8 million;
Total migrant population as a percentage of total population: 25
percent;
Net migration rate (per 1,000 persons): 1.
Country: United Kingdom;
Total population: 60.6 million;
Total legal migrant population: 4 million;
Total migrant population as a percentage of total population: 7
percent;
Net migration rate (per 1,000 persons): 2.
Source: Total population data are from the Central Intelligence Agency
World Factbook;
other data are from the International Labour Organization.
Note: All data are estimated and numbers rounded. Total population data
are from 2006. Other data are from 2000.
[End of table]
Table 7: Selected Information on High-Skilled Temporary Foreign Worker
Programs:
Country: Argentina;
Program characteristics:
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Employers and foreign workers must pay a fee for work permits;
* Workers can bring in family members;
* Workers can work only for employers and in job positions specified on
the permit;
* Foreign workers are required to return to their home countries;
* Workers are required to return to their home countries before
applying for a new permit;
* Employers are required to post a bond that is returned to them after
workers' return to their home countries;
* Workers can apply for permanent residence status after a specified
period of time in the country.
Country: Australia;
Program characteristics: Australia has numerous programs for admitting
high-skilled workers, and each program has different requirements. In
general,;
* Employers are required to pay a fee for work permits;
* Workers can bring in family members;
* Workers can apply for permanent residence status and may be eligible
for citizenship.
Country: Austria;
Program characteristics:
* Employers and foreign workers must pay a fee for work permits;
* Workers can bring in family members;
* Workers can work only for employers and in job positions specified on
the permit;
* Foreign workers are required to return to their home countries, but
can apply to extend their permits;
* Workers are required to return to their home countries before
applying for a new permit;
* Austria admitted approximately 3,000 workers in 2005.
Country: Belgium;
Program characteristics:
* Belgium admits foreign workers under various types of permits--A, B,
or C--with differing admission requirements;
* Under permit B, employers must show that there are no native or EU
workers available for needed positions.
Country: Canada;
Program characteristics:
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Foreign workers must pay a fee for work permits;
* Temporary foreign workers can be nominated by the provinces in which
they work for permanent residence status.
Country: France;
Program characteristics:
* Temporary work permits are issued for 1 year to foreigners who can
prove family ties, scientists, artists, students, and visitors;
* Permanent work permits are generally issued to employers who cannot
find native workers to fill needed positions.
Country: Germany;
Program characteristics:
* Workers can work only for employers and in job positions specified on
the permit;
* Workers can be granted permanent residence.
Country: Netherlands;
Program characteristics:
* Workers can bring in family members;
* Workers can apply for permanent residence status;
* The Netherlands admitted approximately 2,000 workers in 2005.
Country: New Zealand;
Program characteristics:
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Employers and foreign workers must pay a fee for work permits;
* Foreign workers are required to return to their home countries;
* Workers can apply for permanent residence status;
* New Zealand admitted approximately 51,500 workers in 2004-2005.
Country: Portugal;
Program characteristics:
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Foreign workers must pay a fee for work permits;
* Workers can bring in family members.
Country: Singapore;
Program characteristics:
* Employers must pay a fee for employment passes;
* Employment passes can be renewed;
* Workers are required to return to their home countries.
Country: Spain;
Program characteristics:
* Employers must receive authorization from the government to employ
unauthorized foreign workers;
* Foreign workers can apply for permanent residence status after a
specified period of time.
Country: Switzerland;
Program characteristics:
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Employers must pay a fee for work permits;
* Workers can work only for employers and in job positions specified on
the permit;
* Foreign workers are required to return to their home countries;
* Switzerland admitted approximately 7,000 workers from November 2004
through October 2005.
Country: United Kingdom;
Program characteristics:
* Foreign workers are not required to have a job offer before entering
the United Kingdom;
* The United Kingdom admitted approximately 7,000 workers in 2005.
Source: GAO analysis of country-reported data.
Note: For more detailed information on programs in Australia, Belgium,
Canada, France, Germany, Spain, Switzerland, and the United Kingdom,
see appendixes III through X.
[End of table]
Table 8: Selected Information on Low-Skilled Temporary Foreign Worker
Programs:
Country: Argentina;
Program characteristics:
* Employers must show that there are no native workers available for
needed positions;
* Employers and foreign workers must pay a fee for work permits;
* Workers can bring in family members;
* Workers can work only for employers and in job positions specified on
the permit;
* Workers must provide proof of intent to return;
* Workers must return to their home countries before applying for a new
permit;
* Employers are required to post a bond that is returned to them after
workers' return to their home country.
Country: Australia;
Program characteristics:
* Under Australia's Working Holiday visas, foreigners can enter
Australia for up to 1 year for travel and are able to supplement their
travel funds through incidental employment.
Country: Austria;
Program characteristics:
* None reported.
Country: Belgium;
Program characteristics:
* Belgium admits foreign workers under various types of permits--A, B,
or C--with differing admission requirements;
* Under permit B, employers must show that there are no native workers
available for needed positions;
* Belgium admitted approximately 4,300 workers in 2004.
Country: Canada;
Program characteristics:
* Employers must show that there are no native workers available for
needed positions;
* Foreign workers must pay a fee for work permits;
* Temporary foreign workers can be nominated by the provinces in which
they work for permanent residence status.
Country: France;
Program characteristics:
* None reported.
Country: Germany;
Program characteristics:
* Germany admitted approximately 44,000 workers in 2003 under bilateral
agreements.
Country: Netherlands;
Program characteristics:
* None reported.
Country: New Zealand;
Program characteristics:
* None reported.
Country: Portugal;
Program characteristics:
* None reported.
Country: Singapore;
Program characteristics:
* Employers must pay a fee for work permits;
* Workers can work only for employers and in job positions specified on
the permit;
* Foreign workers are required to return to their home countries;
* Workers can apply for permanent residence status after a specified
period of time in the country;
* Employers are required to post a bond that is returned to them after
workers' return;
* Workers must return to their home countries before applying for a new
permit.
Country: Spain;
Program characteristics:
* Employers must receive authorization from the government to employ
foreign workers;
* Foreign workers can apply for permanent residence status after a
specified period of time.
Country: Switzerland;
Program characteristics:
* None reported.
Country: United Kingdom;
Program characteristics:
* Employers in the food processing sector only can apply to bring in
foreign workers;
* Workers are required to return to their home countries, but can apply
for another temporary permit if they resided in their home countries
for at least 2 months after expiration of the initial permit;
* The United Kingdom admitted approximately 17,000 Sector-Based Scheme
workers in 2005.
Source: GAO analysis of country-reported data.
Note: Austria, France, the Netherlands, New Zealand, and Portugal did
not report specific foreign worker programs for admitting low-skilled
workers. For more detailed information on programs in Australia,
Belgium, Canada, France, Germany, Spain, Switzerland, and the United
Kingdom, see appendixes III through X.
[End of table]
Table 9: Selected Information on Seasonal Temporary Foreign Worker
Programs:
Country: Argentina;
Program characteristics:
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Employers and foreign workers must pay a fee for work permits;
* Workers can bring in family members;
* Workers can work only for employers and in job positions specified on
the permit;
* Workers must provide proof of intent to return;
* Workers must return to their home countries before applying for a new
permit;
* Employers post a bond that is returned to them after workers' return.
Country: Australia;
Program characteristics:
* Under Australia's Working Holiday visas, foreigners can enter
Australia for up to 1 year for travel and are able to supplement their
travel funds through incidental employment.
Country: Austria;
Program characteristics:
* Seasonal workers can be admitted in the following sectors: tourism,
agriculture and forestry, and harvest;
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Employers must pay a fee for work permits;
* Workers can work only for employers and in job positions specified on
the permit;
* Workers must return to their home countries before applying for a new
permit;
* Austria set quotas for admissions in the following sectors in 2006:
tourism--7,500;
agriculture and forestry--7,500;
and harvest--7,000.
Country: Belgium;
Program characteristics:
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Workers can work only for employers and in job positions specified on
the permit, depending on the type of permit.
Country: Canada;
Program characteristics:
* Seasonal foreign workers admitted from Mexico, Jamaica, Barbados,
Trinidad and Tobago, and the Organization of Eastern Caribbean States;
* Workers can work only for employers and in job positions specified on
the permit;
* Foreign workers are required to return to their home countries;
permits are valid for a maximum of 8 months.
Country: France;
Program characteristics:
* Seasonal foreign workers admitted from Tunisia, Morocco, and Poland;
* Foreign workers from Tunisia and Morocco are required to sign an
agreement to return to their home countries and appear at a French
mission in their home country to document their return.
Country: Germany;
Program characteristics:
* Employers must pay a fee for work permits;
* Workers can work only for employers and in job positions specified on
the permit;
* Germany admitted approximately 330,000 workers in 2005.
Country: Netherlands;
Program characteristics:
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Employers must pay a fee for work permits;
* Workers can work only for employers and in job positions specified on
the permit;
* Workers must return to their home countries before applying for a new
permit;
* The Netherlands admitted approximately 23,000 workers in 2005.
Country: New Zealand;
Program characteristics:
* The program is a pilot for seasonal workers in the horticulture and
viticulture industries and only in regions where the Ministry of Social
Development declared a shortage of workers;
* Eligibility for program participation was generally limited to
foreign nationals in the country on the date the program was announced;
* Employers can hire foreign workers only when they cannot find native
workers for needed positions;
* Foreign workers must pay a fee for work permits;
* Workers can bring in family members;
* Foreign workers can apply for permanent residence status after a
certain period of time in the country;
* Workers must provide proof of intent to return to their home
countries;
* New Zealand admitted approximately 2,000 workers between December
2005 and May 2006;
* A quota of 4,000 was set for the pilot program period from November
2005 through September 2006.
Country: Portugal;
Program characteristics:
* None reported.
Country: Singapore;
Program characteristics:
* None reported.
Country: Spain;
Program characteristics:
* Foreign workers can apply for permanent residence status after
participating in the program for 3 years;
* Spain admits approximately 20,000 to 30,000 workers each year.
Country: Switzerland;
Program characteristics:
* None reported.
Country: United Kingdom;
Program characteristics:
* Employers can apply to bring in foreign students only as seasonal
agricultural workers;
* Workers are placed with employers by private sector entities;
* The United Kingdom set a quota for the program of 16,250 in 2006.
Source: GAO analysis of country-reported data.
Note: Portugal, Singapore, and Switzerland did not report specific
foreign worker programs for admitting seasonal foreign workers. For
more detailed information on programs in Australia, Belgium, Canada,
France, Germany, Spain, Switzerland, and the United Kingdom, see
appendixes III through X.
[End of table]
Table 10: Selected Information on Employment Eligibility Verification
Processes:
Country: Argentina;
Employment verification process characteristics:
* Employees are required to present documentation that proves their
identity and work eligibility;
* Employers are required to review documentation presented by employees
and to report employees' information to government agencies;
* Identity documents:
- Valid passport;
- Identity card issued by the Argentine Federal Police;
- National identity document, or;
- Certificate of citizenship issued by the consulate of the worker's
country;
* Immigration status documents:
- Certificate of permanent residence;
- Certificate of temporary residence;
- Certificate of extension of residence.
Country: Australia;
Employment verification process characteristics:
* Employers are encouraged, but not required to, check job applicants'
work eligibility documents;
* Work authorization documents:
- Australian birth certificate;
- Australian citizenship certificate;
- Australian passport;
- Evidence of permanent resident status;
- Visa with entitlement to work.
Country: Austria;
Employment verification process characteristics:
* Employees are required to present documentation that proves their
identity and work eligibility;
* Employers are required to review documentation presented by employees
and to report employees' information to government agencies;
* Work authorization documents:
- High-skilled worker permit;
- Work permit;
- Exemption certification;
- Proof of establishment;
- Confirmation of fee/receipt;
- Establishment or residence permit for certain categories of
foreigners;
- Passport or identity cards for European Union nationals.
Country: Belgium;
Employment verification process characteristics:
* Employers are required to report information on new employees to the
social security administration;
* Employers are required to check the residence and work permits of
foreign workers.
Country: Canada;
Employment verification process characteristics:
* Employers are encouraged to check employees' work authorization
documents.
Country: France;
Employment verification process characteristics:
* Employers are required to check the work authorization status of
foreign workers;
* Employers are required to file a declaration of hire with the social
security administration for each worker, regardless of the worker's
nationality.
Country: Germany;
Employment verification process characteristics:
* Employers are required to check the work authorization status of
foreign workers;
* Employers are required to report native workers' information for
social insurance payment purposes.
Country: Netherlands;
Employment verification process characteristics:
* Employees are required to present documentation that proves their
identity and work eligibility;
* Employers are required to review documentation presented by employees
and to report employees' information to government agencies;
* Identity documents:
- Passport;
- European identity card;
- Refugee passport;
- Aliens passport;
- Residence permit;
* Immigration status documents:
- Passport;
- European identity card;
- Non-European Union citizens must also show a residence permit or a
certificate in their passport issued by the Dutch immigration service.
Country: New Zealand;
Employment verification process characteristics:
* Employees are required to present documentation that proves their
identity and work eligibility;
* Work authorization documents:
- Foreign passport with valid New Zealand work or residence permit;
- Proof of New Zealand citizenship;
- New Zealand passport;
- Inland revenue tax number.
Country: Portugal;
Employment verification process characteristics:
* Employees are required to present documentation that proves their
identity and work eligibility;
* Employers are required to report employees' information to government
agencies;
* Work authorization documents:
- Authorization of residence, permission to stay;
- Work visa;
- Study visa with work authorization;
- Temporary study permission with work authorization.
Country: Singapore;
Employment verification process characteristics:
* Employees are required to present documentation that proves their
identity and work eligibility;
* Employers are required to review documentation presented by employees
and to report employees' information to government agencies;
* Work authorization documents:
- Passport;
- Work permit or employment pass endorsed by the Ministry of Manpower.
Country: Spain;
Employment verification process characteristics:
* Employers are required to check employees' identity and work
authorization documents at the time of hire and to report this
information to the government.
Country: Switzerland;
Employment verification process characteristics:
* Foreign workers are required to register with their local commune
within 8 days of entering the country;
* Employers are required to report information on their employees to
the local employment office and unemployment insurance office at the
time of hire.
Country: United Kingdom;
Employment verification process characteristics:
* Employers can establish a defense against conviction for employing an
illegal worker by checking and copying certain original documents
presented by potential new employees from one of two lists;
* Examples of List 1 documents:
- United Kingdom passport;
- European Economic Area or Swiss passport or national identity card;
- Residence permit;
* Examples of List 2 documents:
- National insurance number document;
- Birth certificate;
- Certificate of naturalization;
- Work permit.
Source: GAO analysis of country-reported data.
Note: For more detailed information on programs in Australia, Belgium,
Canada, France, Germany, Spain, Switzerland, and the United Kingdom,
see appendixes III through X.
[End of table]
Table 11: Selected Information on Worksite Enforcement Efforts:
Country: Argentina;
Employer administrative or civil monetary penalties:
* Maximum of 50 times the minimum wage;
Employer criminal monetary penalties and prison terms:
* 1 to 10 years in prison;
Other employer penalties:
* Employer can be required to pay investigation or court costs and
unpaid taxes and social insurance contributions on unauthorized foreign
workers;
* Employers' assets are subject to seizure;
* Employers' worksites are subject to closure;
* Employer can be prohibited from receipt of government contracts;
Number of worksite enforcement actions:
* Not available;
Penalties for unauthorized foreign workers: Unauthorized foreign
workers can be subject to:
* deportation,;
* prohibition on reentry to the country, and;
* ineligibility for temporary foreign worker programs.
Country: Australia;
Employer administrative or civil monetary penalties:
* None;
Employer criminal monetary penalties and prison terms:
* Individuals and entities can be fined up to A$10,000 (about $7,500)
for aiding and abetting the employment of unauthorized foreign workers;
Other employer penalties:
* None reported;
Number of worksite enforcement actions:
* Identified about 23,000 visa overstays in 2004- 2005;
Penalties for unauthorized foreign workers: Unauthorized foreign
workers can be subject to:
* detention,;
* deportation, and;
* requirements to pay detention costs.
Country: Austria;
Employer administrative or civil monetary penalties:
* €1,000 to €50,000 (about $1,300 to $62,900), depending on the number
of unauthorized foreign workers employed and the number of offenses;
Employer criminal monetary penalties and prison terms:
* Maximum 2 years in prison;
Other employer penalties: Employers can be subject to:
* prohibition on receiving work permits,;
* seizure of trade license, and;
* prohibition on receipt of government contracts;
* Employers can be required to pay costs for;
* deporting unauthorized foreign workers,;
* investigation or court costs, and;
* unpaid taxes or social insurance contributions;
* Employers' assets can be seized or their worksites closed;
Number of worksite enforcement actions:
* Initiated about 18,000 investigations in 2005;
* Issued civil fines totaling €17 million (about $21.4 million) in
2005;
* Collected an estimated €8 million (about $10.1 million) in civil
fines in 2005;
Penalties for unauthorized foreign workers: Unauthorized foreign
workers can be subject to:
* deportation,;
* prohibition on reentry to the country,;
* ineligibility for temporary foreign worker programs, and;
* payment of costs for deportation.
Country: Belgium;
Employer administrative or civil monetary penalties:
* Minimum €3,750 ($4,700) per unauthorized worker for workers without
residence and work permits;
* Minimum €375 ($470) per unauthorized worker for workers with work
permits;
Employer criminal monetary penalties and prison terms:
* Minimum €15,000 ($18,800) per unauthorized worker for workers without
residence and work permits;
* Minimum €1,700 ($2,100) per unauthorized worker for workers with work
permits;
Other employer penalties:
* Employers who do not properly report employees' information to the
social security administration can be administratively fined from €750
to €3,750 (about $940 to $4,700) and criminally fined from €2,500 to
€12,500 (about $3,100 to $15,700) and/or receive prison sentences from
8 days to 1 year;
Number of worksite enforcement actions: * Conducted about 6,000
employer investigations in 2004;
* Filed approximately 3,000 criminal charges against employers in 2004;
Penalties for unauthorized foreign workers: Unauthorized foreign
workers can be subject to:
* detention, and;
* deportation.
Country: Canada;
Employer administrative or civil monetary penalties:
* None;
Employer criminal monetary penalties and prison terms:
* Depending on the type of conviction, maximum C$50,000 ($43,800) or
maximum C$10,000 ($8,800);
Other employer penalties:
* None reported;
Number of worksite enforcement actions:
* Not available;
Penalties for unauthorized foreign workers: Unauthorized workers can be
subject to:
* deportation and;
* detention.
Country: France;
Employer administrative or civil monetary penalties:
* €3,110 ($3,900) per unauthorized worker;
Employer criminal monetary penalties and prison terms:
* Maximum €15,000 ($18,800) per offense;
* Employers can be sentenced to a prison term of up to 6 years;
Other employer penalties:
* None reported;
Number of worksite enforcement actions:
* Imposed about €2.7 million (about $3.4 million) in civil fines on
employers in 2005;
Penalties for unauthorized foreign workers: Unauthorized workers can be
subject to:
* deportation and;
* detention.
Country: Germany;
Employer administrative or civil monetary penalties:
* €5 to €500,000 total ($6 to $628,800);
Employer criminal monetary penalties and prison terms:
* Fines imposed on a daily basis ranging from 5 to 360 days. Daily fine
rates range from €1 to €5,000 per day ($1 to $6,300);
* Prison terms of up to 10 years;
Other employer penalties: Employers can be subject to:
* exclusion from receipt of public contracts,;
* requirements to pay unauthorized foreign workers' deportation costs,
and;
* requirements to pay back taxes and social insurance contributions not
initially paid for unauthorized foreign workers;
Number of worksite enforcement actions: * Initiated about 78,000
employer investigations in 2005;
* Issued about €67 million (about $84.2 million) in employer civil
fines;
Penalties for unauthorized foreign workers: Unauthorized workers can be
subject to:
* deportation and;
* prohibition on reentry to the country.
Country: Netherlands;
Employer administrative or civil monetary penalties:
* €4,000 to €8,000 (about $5,000 to $10,100) per unauthorized worker;
Employer criminal monetary penalties and prison terms:
* Employers can be penalized criminally only after three convictions
within a 2-year period;
Other employer penalties:
* Employers can be required to pay unpaid tax and social security
contributions;
Number of worksite enforcement actions:
* Initiated about 8,600 investigations in 2005;
* Issued about 2,200 civil fines in 2005;
* Issued civil fine amounts totaling between €13 million and €20
million (about $16. 3 million to $25.1 million) in 2005;
Penalties for unauthorized foreign workers: Unauthorized workers can be
subject to deportation.
Country: New Zealand;
Employer administrative or civil monetary penalties:
* Civil monetary fines (amounts not specified);
Employer criminal monetary penalties and prison terms:
* Criminal monetary fines (amounts not specified);
Other employer penalties:
* None reported;
Number of worksite enforcement actions:
* Not available;
Penalties for unauthorized foreign workers: Unauthorized foreign
workers can be subject to:
* deportation;
* prohibition on reentry, and;
* prohibition on participation in foreign worker programs.
Country: Portugal;
Employer administrative or civil monetary penalties:
* Civil monetary fines (amounts not specified);
Employer criminal monetary penalties and prison terms:
* Maximum 3 years in prison;
Other employer penalties:
* None reported;
Number of worksite enforcement actions:
* Not available;
Penalties for unauthorized foreign workers: Unauthorized foreign
workers can be subject to:
* civil and criminal monetary fines ranging from €80 to €700 (about
$100 to $900),;
* detention up to 48 hours,;
* deportation, and;
* prohibition on reentry to the country for 5 years (for 1 year if
person leaves voluntarily).
Country: Singapore;
Employer administrative or civil monetary penalties:
* None;
Employer criminal monetary penalties and prison terms:
* Criminal fines equivalent to the value of an unauthorized foreign
worker's wages for 2-4 years;
* Maximum 1 year in prison;
* Employers could be subject to both of the above;
Other employer penalties:
* Employers can be required to pay costs for deporting unauthorized
foreign workers;
Number of worksite enforcement actions:
* Not available;
Penalties for unauthorized foreign workers: Unauthorized foreign
workers can be subject to:
* criminal fines up to S$5,000 (about $3,100),;
* detention for up to 1 year,;
* deportation,;
* prohibition on reentry to the country, and;
* ineligibility for temporary foreign worker programs.
Country: Spain;
Employer administrative or civil monetary penalties:
* €6,000 to €60,000 ($7,500 to $75,500) per unauthorized worker;
Employer criminal monetary penalties and prison terms:
* None reported;
Other employer penalties:
* Not available;
Number of worksite enforcement actions:
* Not available;
Penalties for unauthorized foreign workers:
* None reported.
Country: Switzerland;
Employer administrative or civil monetary penalties:
* None;
Employer criminal monetary penalties and prison terms:
* Maximum of SwF 5,000 ($4,000) per unauthorized worker;
Other employer penalties:
* Not available;
Number of worksite enforcement actions:
* Not available;
Penalties for unauthorized foreign workers: Unauthorized foreign
workers can be subject to:
* criminal fines up to SwF 10,000 (about $8,000) and;
* prison sentences up to 6 months.
Country: United Kingdom;
Employer administrative or civil monetary penalties:
* None;
Employer criminal monetary penalties and prison terms:
* Unlimited amount with criminal conviction;
Other employer penalties:
* Employer can be required to pay court costs;
* Employer's assets are subject to foreclosure or seizure;
Number of worksite enforcement actions:
* Initiated about 2,900 employer investigations in 2005;
* Had 8 employer criminal prosecutions in 2004;
Penalties for unauthorized foreign workers: Unauthorized workers can be
subject to:
* deportation,;
* detention,;
* prohibition on reentry to the country.
Source: GAO analysis of country-reported data.
Note: Amounts in U.S. dollars are rounded, based on the exchange rate
from July 25, 2006. For more detailed information on programs in
Australia, Belgium, Canada, France, Germany, Spain, Switzerland, and
the United Kingdom, see appendixes III through X.
[End of table]
[End of section]
Appendix III: Information on Selected Immigration-Related Programs in
Australia:
Foreign Worker Admissions:
Immigrants can enter Australia for work purposes under various visa
programs, including programs for employer-sponsored migrant workers,
state or regional-sponsored workers, and skilled independent workers
(e.g., foreign workers not sponsored by employers).[Footnote
43]Australia recruits high-skilled workers through, among other things,
the use of promotional campaigns within specific industrial sectors or
foreign countries to target foreign workers with specific business or
trade skills for positions in the country. Information on some of
Australia's primary employment-based visa programs is provided below.
Employer-Sponsored Program:
Temporary Business-Standard Business Sponsorship:
The Temporary Business-Standard Business Sponsorship is the most
commonly used program for employers to sponsor foreign workers to work
in Australia on a temporary basis. Employers pay a fee of A$270 (about
$200) to apply for status as a sponsor, a A$55 (about $40) to apply to
nominate skilled positions that they have been unable to fill, and a
fee of A$185 (about $140) for the foreign worker to apply for a visa.
Minimum skill and salary levels apply. Foreign workers who receive a
visa under this program can legally work in Australia for the employer
who sponsored them for a period of between 3 months and 4 years. These
foreign workers can apply to bring family members with them and have no
restrictions on the number of times they travel in and out of
Australia.
Labor Agreements:
Labor Agreements are formal arrangements between the Commonwealth
Government and an employer or industry peak body that enable employers
to recruit a number of workers from overseas in response to identified
or emerging labor market shortages. Employees may come to Australia on
either a temporary or a permanent basis. Advantages of Labour
Agreements are that an employer may negotiate the entry of a number of
people to fill a group of positions across a wide range of skilled
occupations without having to test the domestic labor market each time
it wishes to recruit from overseas, and visa applications for overseas
recruits receive priority processing. Agreements generally run for
three years. They are negotiated free of charge and there is no
nomination fee for permanent positions. Employers pay a A$55 (about
$40) fee for each temporary nominated position and a fee of A$185
(about $140) for issuing the visa to the foreign worker. Foreign
workers admitted under a temporary visa can work in Australia for up to
4 years, bring family members, and travel in and out of Australia
without restriction. Foreign workers admitted under a permanent visa
can include family members in their visa applications. Family members
receive permanent residence status on arrival in Australia and may be
eligible for Australian citizenship after a qualifying period.
Employer Nomination Scheme:
The Employer Nomination Scheme allows Australian employers to sponsor
skilled migrants for a permanent visa to work in Australia. Nominations
are acceptable if they are for permanent full-time positions and the
occupation is listed on the Employer Nomination Scheme Occupation List.
Nominees can be located either inside or outside of Australia, but must
have the necessary skills and qualifications for the nominated
positions. For foreign workers residing outside Australia, the employer
is required to pay a A$350 (about $260) nomination fee and the nominee
pays a A$1,340 (about $1,000) visa fee. For foreign workers residing in
Australia, employers are required to pay a A$350 (about $260)
nomination fee and the nominee pays a A$1,990 (about $1,500) visa fee.
Foreign workers admitted under this program can include family members
in their visa applications, and their family members can receive
permanent residence status. In addition, these foreign workers may be
eligible for Australian citizenship after a qualifying period.
Regional, State, or Territory Visa Programs:
Regional Sponsored Migration Scheme:
The Regional Sponsored Migration Scheme is designed to help employers
in regional Australia fill skilled positions for which they are unable
to find local workers. Under this scheme, employers can nominate
skilled overseas workers who reside outside Australia or who reside in
the country as temporary residents. For skilled overseas workers
residing outside Australia, the employer is required to pay a A$1,340
(about $1,000) fee to apply for a permanent visa, and for skilled
overseas workers residing in Australia, employers are required to pay a
fee of A$1,990 (about $1,500) to apply for a permanent visa. Skilled
overseas workers admitted under this program can include family members
in their visa applications, and their family members can receive
permanent residence status. In addition, these foreign workers may be
eligible for Australian citizenship after a qualifying period.
Independent Regional Visa:
This visa program allows skilled workers who are unable to meet the
criteria for a permanent visa the opportunity to eventually apply for
residence in Australia provided they are prepared to live for 2 years
and work at least 12 months in a regional or low population growth
metropolitan area in Australia. Successful applicants are initially
granted a 3-year visa to give them time to satisfy the residence and
employment criteria for a permanent visa. Applicants must have the
skills and qualifications that meet the Australian standard for an
occupation on the Skilled Occupation List[Footnote 44] and are one of
the following:
* a person in Australia or outside Australia who is unable to meet the
pass mark on the points test for a permanent Skilled - Independent
visa, as discussed below, but who can meet the pass mark for this visa,
which is slightly lower, or:
* a person who has a Skilled-Independent visa application which has
been held at the pass mark and been invited to apply for this visa, or:
* a holder of a Working Holiday Maker visa who has been in Australia on
that visa for at least 6 months, or:
* a holder of an Occupational Trainee visa who has completed the period
of training for which the visa was granted.
Applicants are required to pay a visa issuance fee of A$185 (about
$140). Under this visa, foreign workers are allowed to reside in
Australia for up to 3 years and must live and work in a regional or low-
population growth area of Australia. Accompanying family members can
also work and study but must do so in a rural or low-population growth
area of Australia.
State-Territory Nominated Independent Visa:
Under this visa program, participating state or territory governments
can nominate skilled migration applicants who are interested in
permanently settling in states and territories where their skills are
in demand. To apply for this visa, applicants must nominate an
occupation that is listed on Australia's Skilled Occupation List and
have their skills and qualifications assessed by the relevant assessing
authority. Each state or territory government has its own skill
shortage list and nominates applicants with skills in demand in their
particular state or territory. Foreign workers are required to pay a
fee of A$1,990 (about $1,500) for issuance of a permanent visa. Foreign
workers admitted under this program can include family members, who can
also receive permanent residence status, and may be eligible for
Australian citizenship after a qualifying period.
Skill Matching Visa:
The Skill Matching visa is designed to link skilled migrants who do not
meet the points requirement for the Skilled-Independent visa with
employers or state and territory governments by placing the potential
migrant's details on the Skill Matching Database. Applicants of the
Skill Matching Visa must be nominated by an employer or state/territory
government for permanent migration to Australia. Applicants nominated
for migration by a state or territory government for the Skill Matching
visa are required to pay a fee of A$1,940 (about $1,500) for issuance
of a permanent visa. Applicants nominated by an employer under employer-
sponsored migration are required to pay a fee of A$1,305 (about $980)
for issuance of a permanent visa. Foreign workers admitted under this
program can bring in family members, who can also receive permanent
residence status, and may be eligible for Australian citizenship after
a qualifying period.
Skill Matching Database:
The Skill Matching Database contains the educational, employment, and
work details of applicants for the following programs: the Skill
Matching visa, the Skilled-Independent visa, the Skilled-Australian
Sponsored visa, the Skilled-Independent Overseas Student visa, and the
Skilled-Australian Sponsored Overseas Student visa. Applicants remain
in the database for up to 2 years, or until they migrate to Australia.
The database provides the opportunity for applicants to secure
employment in Australia before they migrate. The database is accessed
by state and territory governments and by employers who may then
nominate an applicant for migration. The Skill Matching database
provides a means to match skilled migrants with Australia's skill
needs. Many applicants listed on the Skill Matching Database do not
require formal sponsorship by an employer or state/territory government
for their visa to be granted. Employers can contact these applicants
directly and negotiate and offer of employment without involving the
Australian Department of Immigration and Multicultural Affairs.
Employers also have the option to offer sponsorship to all applicants
on the database that have not had their visa granted or been sponsored
by a state/territory government. Employer sponsorship expedites the
visa application processing.
Professionals and Other Skilled Migrants Programs:
Under these programs, foreign workers who are not sponsored by an
employer and who have skills in particular occupations required in
Australia, can apply to work in the country. Applicants must be over 18
and under 45 years of age, have English language skills, and have
recent skilled work experience. Applicants must also have skills and
qualifications for an occupation listed on Australia's Skilled
Occupation List.
Skilled-Independent Visa:
Under this visa program, foreign workers can apply to work in Australia
if they are under 45 years of age, have good English language skills,
and skills and qualifications in an occupation required in Australia.
The Australian government selects applicants based on a points test.
Each occupation listed on the Skilled Occupation List is allocated a
point value for use in the assessment process. Applicants must obtain a
minimum amount of points to qualify for an independent visa to live and
work in Australia. Applicants earn points for such things as skill,
age, English language ability, specific work experience, an occupation
in demand, a job offer, an intention to reside in regional Australia,
and spouses' skills. Applicants pay a fee of A$1,990 (about $1,500) to
apply for a permanent visa. Foreign workers admitted under this program
can bring in family members, and their family members can receive
permanent residence status. In addition, these foreign workers may be
eligible for Australian citizenship after a qualifying period.
Working Holiday Maker and Work and Holiday Visas:
The Working Holiday Maker and the Work and Holiday Programs allow
foreigners aged 18-30 from specific countries to enter Australia for up
to 1 year for travel around the country. Visa holders under these
programs are able to supplement their travel funds through incidental
employment, however, the holiday should be the main reason for visiting
Australia. During their time in the country, these individuals can earn
money by working for up to 6 months with each employer. Visa holders
should holiday for at least part of their stay rather than work for the
full period of their stay. Both visas allow a stay of up to 12 months,
however, Working Holiday Makers who have done 3 months' seasonal work
in regional Australia while on their first Working Holiday Maker visa
are able to apply for a second Working Holiday Maker visa. Work and
Holiday visa holders are able to apply for a subsequent Work and
Holiday visa with no requirement to do seasonal work. Visa holders
under both programs are not permitted to bring dependents with them.
There are no restrictions on their ability to travel in and out of
Australia. There are additional requirements for Work and Holiday visa
applicants, such as they must provide a letter of support from their
government, hold a degree or diploma, and provide proof of English
proficiency. Working Holiday Maker visa applicants are required to pay
a visa application fee of A$185 (about $140); Work and Holiday visa
applicants are required to pay a visa application fee of A$175 (about
$130). Australia manages its Working Holiday Maker Programs through
reciprocal bilateral agreements with selected countries.
Employment Verification Process:
In Australia, all employees must register with their local tax office
and obtain a tax file number, which is used by employers to report
employees' income tax information. The government encourages employers
to verify job applicants' eligibility to work, by checking the
applicants' Australian passport, birth certificate, or certificate of
citizenship. However, there is no requirement for employers to check or
verify workers' identity or immigration status. There are five types of
documents that workers can present as evidence of work eligibility:
* Australian birth certificate;
* Australian citizenship certificate;
* Australian passport;
* evidence of permanent resident status; and:
* visa with entitlement to work.
The Australian Department of Immigration and Multicultural Affairs
provides various tools that employers can use to verify foreign
workers' authorization status. For example, the department provides a
voluntary Web-based service to employers, called Entitlement
Verification Online, through which employers can verify the identity
and work eligibility of their employees. When employers request a
confirmation of an employee's authorization to work through the Web-
based service, the system checks the employee's information against
information maintained in Australia's central visa database, which
contains information on visa-holders' work authorization status. System
users are required to enter the employee's date of birth, passport
number, and country of origin. The system returns a match when it
matches an immigrant's visa with the foreign country passport number of
the immigrant in question. The system then provides the user with a
report on the conditions associated with the immigrant's visa,
including right to work. A match could indicate that the applicant has
a right to work, that the applicant is lawfully present but under a
visa condition that does not allow the individual to work, or that the
applicant is unlawfully present and thus unable to legally obtain
employment.
In addition to the Web-based service, the department provides a faxback
entitlements service to employers to help employers verify employee's
work authorization. Under this service, employers provide employees'
information, such as name, passport number, and nationality, to the
department. The department checks this information against information
maintained in its databases and confirms the individual's work
authorization status with the employers. In 2003-2004, employers made
about 36,000 information requests through the faxback service.
Enforcement of Laws That Prohibit Employment of Unauthorized Foreign
Workers:
Australia's Department of Immigration and Multicultural Affairs is
responsible for enforcing the country's immigration laws, including
laws that prohibit the employment of unauthorized workers. The
department has about 4,000 staff responsible for enforcing laws related
to non-humanitarian entry and stay, refugee and humanitarian entry and
stay, enforcement of immigration law, and asylum seeker management.
Australia requires all individuals seeking to enter the country to
possess a valid visa. Individuals may be denied entry at an Australia
port of entry if they arrive without travel documents or a valid visa,
or if they present documentation that is false but which they used for
check-in at overseas airports. Individuals can also be denied entry if
they hold valid visas, but immigration inspectors determine that they
are not likely to abide by the visa conditions. Reasons for which
immigration inspectors may determine that individuals do not intend to
abide by their visas include that individuals are found to have an
intention to seek employment which is prohibited under their visas,
information presented in support of their visa applications is found to
be false, and the reason the visa was issued no longer exists (e.g.,
the visa was issued on the basis that the visa-holder intended to
travel to Australia for a specific event, but the date of the event has
passed). The majority of individuals denied clearance at Australian
ports of entry are returned within 72 hours.
Overstays are those non-citizens who do not depart by the expiration
date of their temporary visa and remain in Australia unlawfully. Twice
each year in June and December, Australia's Department of Immigration
and Multicultural Affairs prepares an estimate of unlawful noncitizens-
-visa overstayers--in the country. A person who was unlawful for a
period of time but departed or was granted a further visa and became
lawful again prior to the estimate date is not included. At each
estimate date, records are collected for all people who arrived in
Australia, who have an expired visa, and whose records indicate they
have not subsequently left Australia. The data are then filtered
through various departmental systems to exclude persons who were
actually lawful (for example, persons who have been granted
citizenship). The remaining records are then sampled to check for any
other lawful persons or persons who have actually left Australia and
have not been identified during the initial filtering. The statistical
corrections obtained through this process are then applied to the raw
data, and the adjusted data are used to prepare the estimates. In of
June 2006, there were estimated to be about 46,400 visa overstayers in
the Australian community.
In 2005-2006, Australian compliance officers found about 10,500 visa
overstayers and persons who had otherwise violated their visa
conditions (e.g., violated no work right provisions). Persons found to
have overstayed or otherwise violated their visa conditions are
typically removed from the country or granted a bridging visa. Bridging
visas allow foreigners whose visas have expired and have requested
permission to extend their stay in Australia to remain in the country
for a short, specified period of time during which the individuals must
make arrangements to leave Australia or obtain a new visa authorizing
them to remain in the country. An example of a case in which Australia
may issue a bridging visa would be when a student accidentally
overstays his or her visa, self-reports this overstay, but needs to
remain in Australia for a few additional weeks to finish schoolwork and
make arrangements to leave.
Those individuals who are detained for overstaying or violating their
visas are required to pay the costs for the time during which they were
in detention before they can receive a visa to return to Australia.
Australia maintains a list of individuals who were detained and have
not yet repaid the detention costs; immigration officers are not to
issue visas to these individuals to enter Australia until they paid
their detention costs.
Australia does not currently have a system for sanctioning employers
found to have employed unauthorized foreign workers, although proposed
legislation for doing so is before the Australian Parliament. However,
any person or group that aids or abets unauthorized foreign workers in
Australia can be fined up to A$10,000 (about $7,500). In addition, the
Australian government can issue illegal worker warning notices to
employers or labor suppliers who have employed unauthorized workers or
referred unauthorized workers for employment. The warning notices alert
employers to the fact that they have employed unauthorized workers and
help to deter future breaches by advising employers of the possibility
of future prosecution. In 2005-2006, Australia issued over 1,050
warning notices to employers and labor suppliers of unauthorized
foreign workers. In the same period, the Department of Immigration and
Multicultural Affairs located about 1,900 noncitizens who were found to
be working illegally.
[End of section]
Appendix IV: Information on Selected Immigration-Related Programs in
Belgium:
Foreign Worker Admissions:
After World War II, labor shortages in Belgium led the government to
conclude bilateral agreements to recruit foreign workers from countries
such as Italy, Spain, Greece, Morocco, Turkey, and other
countries.[Footnote 45] The 1973 oil crisis led Belgium to enact
legislation controlling the entry of foreigners into the country to
only allow people into the country with qualifications that were not
available through the local labor pool.
In order to be able to work in Belgium, foreign workers, other than
those from member states of the European Economic Area, generally are
required to have a valid work permit.[Footnote 46] These foreign
workers also require a visa to stay in Belgium for longer than 3
months.[Footnote 47] A foreigner entering Belgium for work purposes
requires the following documents: a passport or other travel document
that is valid for at least 1 year, a medical certificate by a Belgian
embassy-recognized physician, a recent certificate of good conduct
covering 5 years, and an employment authorization document. A Belgium-
based employer applies for the employment authorization on behalf of
the foreign worker and a visa is issued to the foreign worker together
with the work permit.
Foreign workers can legally work in Belgium under three types of
permits: A, B, and C. Work permit A covers all kinds of salaried
employment in Belgium and is valid indefinitely. Employers are not
required to apply for employment authorization for workers with work
permit A. Rather, foreign workers apply for work permit A on their own
through their regional employment office. Workers who are eligible for
work permit A include those with a valid work permit B who have worked
in Belgium for more than 4 years and those who have resided legally in
Belgium for an uninterrupted period of at least 5 years.
A work permit B is valid for employment by only one employer and has a
maximum validity of 12 months, but can be renewed. A foreign worker is
eligible for a work permit B after an employer is issued an employment
authorization for the worker. Prior to obtaining work authorization for
a foreign worker, the employer must show that there are no workers
available in Belgium to fill the vacant position. The foreign worker
can obtain the work permit B from the local government office where the
worker resides in Belgium or, if the worker is not yet resident in
Belgium, from the worker's employer upon the start of employment.
Employers can apply to renew a work permit B for foreign workers 1
month before expiration of the work permit. In 2004, more than 4,300
type A and B work permits were issued to foreign workers.[Footnote 48]
Under work permit C, foreigners already residing in Belgium for reasons
other than work can apply to receive work authorization. These types of
foreigners include asylum seekers, victims of trafficking, or a
foreigner living with, but not married to, a Belgian citizen. These
foreigners can apply for and receive a C permit, which allows them to
work for any type of employer, but before hiring them, the employer
must check as to whether the foreigners' residence permits are valid
and must continue to check residence permit validity. The permits are
only valid for as long as the individual's residence permit is valid.
Employment Verification and Registration Process:
Employers are required to electronically report information on new
employees to the social security administration. This information
includes the employees' social security number and employment entry
date. In addition, employers are required to check the residence and
work permits of foreign workers to verify foreign workers'
authorization to work in Belgium.
Enforcement of Laws That Prohibit Employment of Unauthorized Foreign
Workers:
In 2003, the Belgian government introduced a new institutional
framework for coordinating worksite enforcement efforts. The government
introduced a federal committee to coordinate efforts to combat illegal
labor practices, social fraud, and human trafficking. Each month, this
committee plans worksite enforcement actions all over the country
targeted against employers in specific industries, such as construction
or restaurants, and coordinates the activities of various enforcement
agencies in Belgium, including the Belgium labor inspectorate, police,
and other government agencies, in conducting the enforcement
operations. These collective enforcement actions generally occur over a
3-day period each month, and the government allocates about 1,100
inspectors for the enforcement actions, who also execute everyday
individual actions against nondeclared work or unauthorized workers.
According to the Belgian government, employers in the following sectors
typically employ a significant number of unauthorized foreign workers:
lodging, food service, cleaning service, farming, horticulture,
textile, manufacturing, meatpacking, and construction.
In Belgium, employers can be subject to civil and criminal penalties
for engaging in various illegal labor practices. Employers who do not
properly report employees' information to the social security
administration can be administratively fined from €750 to €3,750 (about
$940 to $4,700) per worker. Employers can also be subject to criminal
fines ranging from €2,500 to €12,500 (about $3,100 to $15,700) and/or
prison sentences ranging from 8 days to 1 year.
Employers can be subject to penalties for hiring unauthorized foreign
workers. The minimum civil fine for hiring workers without residence
and work permits is €3,750 (about $4,700) per worker, and the minimum
criminal fine is €15,000 (about $18,800) per worker. The minimum civil
fine for hiring foreign workers without work permits is €375 per worker
(about $470), and the minimum criminal fine is €1,700 (about $2,100)
per worker.
In 2004, Belgium conducted about 6,000 employer investigations and
filed approximately 3,000 criminal charges against employers for
illegal labor practices.
Subsidization of Legal Work:
To help reduce undeclared work in the in-home cleaning sector, the
Belgian government has established a program to subsidize in-home
cleaning work completed by Belgian workers. Under this program, the
federal government subsidizes private households' use of Belgian
cleaning persons who are registered with the government. The program
allows formerly unemployed persons, such as former housewives, to
register with a local agency. Households pay the agency for work
completed by the registered worker, and the agency then pays the worker
his or her wages, which are partially subsidized by the government.
Since the program was established in 2002, approximately 25,000
cleaning persons have registered to participate in the program.
Regularization Efforts:
Belgium initiated a regularization program in 1973. Approximately 8,400
unauthorized immigrants applied for the program, and about 88 percent
of these applicants were granted a legal work permit. Subsequent to
this large-scale regularization program, Belgium regularized long-term
resident migrants and other unauthorized immigrants for humanitarian
reasons on a case-by-case basis.
In 2000, Belgium implemented a large-scale regularization program. In
order to be regularized, applicants had to have been in Belgium before
October 1, 1999, and had to fulfill one of the following conditions:
* asylum petition pending for a long period (4 years for individuals or
3 years for families with minor children) without having been informed
about the decision of their case,
* inability to return to their country of origin for humanitarian
reasons,
* serious illness, or:
* residence in the country for 6 years without receiving an order to
leave in the past 5 years.
The application process lasted 3 weeks, and approximately 52,000
individuals applied for regularization for themselves or their
families.
[End of section]
Appendix V: Information on Selected Immigration-Related Programs in
Canada:
Foreign Worker Admissions:
Canada uses various foreign worker programs to manage the admission of
high-skilled, low-skilled, and seasonal foreign workers.[Footnote 49]
Canada's temporary foreign worker programs are driven by labor market
needs, and Canada does not use quotas to manage the number of temporary
foreign worker admissions. Canada charges individual workers a C$150
(about $130) fee to apply for a work permit.
Canadian employers can choose to recruit and hire foreign workers from
any country. In doing so, employers submit an application for foreign
workers to Human Resources and Skills Development Canada (HRSDC).
Employers who apply to bring in foreign workers must prove to HRSDC
that they made reasonable efforts to fill their positions with native
Canadian workers. Reasonable efforts include running advertisements for
the positions in newspapers, magazines, and trade journals for several
weeks. When HRSDC is aware of a labor shortage in a particular
industry, such as in the oil industry in Alberta, HRSDC may impose less
of a requirement for employers to prove reasonable efforts to hire
native workers, such as requiring employers to run advertisements for
positions for a shorter time period.
After receiving an employer's application, HRSDC conducts a labor
market assessment in which the agency considers the following factors:
the existence of ongoing labor disputes in the industry or with the
specific employer requesting the foreign workers; prevailing wages for
the positions that employers request foreign workers to fill; labor
conditions; benefits to the economy from the employment of foreign
workers; and the possible transfer of skills between foreign and native
workers. On the basis of consideration of these factors, HRSDC issues a
positive or negative labor market assessment for the admission of
foreign workers. A positive labor market assessment means that
employers are approved to recruit foreign workers, while a negative
labor market assessment means that employers are not approved for the
recruitment of foreign workers.
After HRSDC issues a positive opinion on a labor market assessment,
data on this positive opinion are entered into HRSDC's database. This
database shares information with Citizenship and Immigration Canada's
(CIC) database that CIC uses in Canadian missions in foreign countries.
When foreign workers who have been accepted into a temporary foreign
worker program visit the Canadian mission to obtain their work permits,
CIC agents access the CIC database to check on the results of HRSDC's
labor market assessment and issue work permits for foreign workers in
cases of a positive labor market assessment.
In 2004, HRSDC received requests from about 30,000 employers for
approximately 100,000 temporary foreign workers, for which HRSDC issued
about 91,000 positive labor market assessments. About 55 percent of the
temporary foreign workers admitted to Canada in 2004 were employed in
skilled occupations, such as professionals, academics, and engineers.
The other approximately 45 percent were employed in low-skilled
occupations, such as live-in caregivers, construction, and agriculture
as part of Canada's seasonal agricultural worker program.
Seasonal Agricultural Worker Program:
Under the seasonal agricultural worker program, Canada admits workers
from other countries to fill needed jobs in agriculture for a maximum
of 8 months. Canada's seasonal agricultural worker program is managed
through bilateral agreements with Mexico, Jamaica, Barbados, Trinidad
and Tobago, and the Organization of Eastern Caribbean States. The
majority of seasonal foreign workers come from Mexico and Jamaica and
typically return to Canada year after year through participation in the
program.
Low Skilled Foreign Worker Pilot Program:
In addition to the seasonal agricultural worker program, Canada admits
low-skilled workers for 12 months under a pilot project for hiring
foreign workers in occupations that require a high school diploma or
limited job-specific training. Under this pilot program, employers can
apply for foreign workers to fill jobs that require a high school
diploma or a maximum of 2 years of job-specific training, such as
restaurant servers, cleaners, retail salespersons, and heavy equipment
operators.
Foreign Worker Change of Status:
Among Canada's temporary foreign worker programs, the live-in caregiver
program is the only program that provides foreign workers with a method
for changing their status to permanent residency. If live-in caregivers
accumulate 2 years of experience in Canada within a 3-year time period,
they can apply for permanent residency.
Provinces can also nominate temporary foreign workers for permanent
residency status based on provincial labor market needs. The foreign
workers must receive a permanent job offer from an employer before a
province can nominate the workers for permanent immigration
consideration. According to Canadian government officials, provinces
have nominated a few hundred foreign workers for permanent immigration
status.
Points-Based System:
Canada uses a points-based system to evaluate foreign workers'
applications for permanent skilled immigration to Canada. Generally,
assessment of foreigners' applications to immigrate to Canada is based
on a system that assigns points for age, education, work experience,
intended employment, knowledge of Canadian languages, and adaptability.
For details on the points awarded on the basis of specific factors, see
table 12.
Table 12: Canada Points-Based System:
Factors for earning points: Factor one: education;
Number of points awarded: Maximum 25.
Factors for earning points: Factor one: education: Master's degree or
Ph.D. and at least 17 years of full-time or full-time equivalent study;
Number of points awarded: 25.
Factors for earning points: Factor one: education: Two or more
university degrees at the bachelor's level and at least 15 years of
full-time or full-time equivalent study;
Number of points awarded: 22.
Factors for earning points: Factor one: education: A 3-year diploma,
trade certificate or apprenticeship and at least 15 years of full-time
or full-time equivalent study;
Number of points awarded: 22.
Factors for earning points: Factor one: education: A university degree
of 2 years or more at the bachelor's level and at least 14 years of
full-time or full-time equivalent study;
Number of points awarded: 20.
Factors for earning points: Factor one: education: A 2-year diploma,
trade certificate or apprenticeship and at least 14 years of full-time
or full-time equivalent study;
Number of points awarded: 20.
Factors for earning points: Factor one: education: A 1-year university
degree at the bachelor's level and at least 13 years of full-time or
full-time equivalent study;
Number of points awarded: 15.
Factors for earning points: Factor one: education: A 1-year diploma,
trade certificate or apprenticeship and at least 13 years of full-time
or full-time equivalent study;
Number of points awarded: 15.
Factors for earning points: Factor one: education: A 1-year diploma,
trade certificate or apprenticeship and at least 12 years of full-time
or full-time equivalent study;
Number of points awarded: 12.
Factors for earning points: Factor one: education: Completion of high
school;
Number of points awarded: 5.
Factors for earning points: Factor two: official languages;
Number of points awarded: Maximum 24.
Factors for earning points: Factor two: official languages: First
official language;
Number of points awarded: [Empty].
Factors for earning points: Factor two: official languages: High
proficiency (per ability): first official language;
Number of points awarded: 4.
Factors for earning points: Factor two: official languages: Moderate
proficiency (per ability): First official language;
Number of points awarded: 2.
Factors for earning points: Factor two: official languages: Basic
proficiency (per ability): First official language;
Number of points awarded: 1 to maximum of 2.
Factors for earning points: Factor two: official languages: No
proficiency: First official language;
Number of points awarded: 0.
Factors for earning points: Factor two: official languages: Possible
maximum (all 4 abilities): First official language;
Number of points awarded: 16.
Factors for earning points: Factor two: official languages: High
proficiency (per ability): Second official language;
Number of points awarded: 2.
Factors for earning points: Factor two: official languages: Moderate
proficiency (per ability): Second official language;
Number of points awarded: 2.
Factors for earning points: Factor two: official languages: Basic
proficiency (per ability): Second official language;
Number of points awarded: 1 to maximum of 2.
Factors for earning points: Factor two: official languages: No
proficiency: Second official language;
Number of points awarded: 0.
Factors for earning points: Factor two: official languages: Possible
maximum (all 4 abilities): Second official language;
Number of points awarded: 8.
Factors for earning points: Factor three: experience;
Number of points awarded: Maximum 21.
Factors for earning points: Factor three: experience: 1 year;
Number of points awarded: 15.
Factors for earning points: Factor three: experience: 2 years;
Number of points awarded: 17.
Factors for earning points: Factor three: experience: 3 years;
Number of points awarded: 19.
Factors for earning points: Factor three: experience: 4 years;
Number of points awarded: 21.
Factors for earning points: Factor four: age;
Number of points awarded: Maximum 10.
Factors for earning points: Factor four: age: 21 to 49 years at time of
application;
Number of points awarded: 10.
Factors for earning points: Factor four: age: Less 2 points for each
year over 49 or under 21;
Number of points awarded: [Empty].
Factors for earning points: Factor five: arranged employment in Canada;
Number of points awarded: Maximum 10.
Factors for earning points: Factor five: arranged employment in Canada:
Permanent job offer that has been confirmed by HRSDC;
Number of points awarded: 10.
Factors for earning points: Factor five: arranged employment in Canada:
Issued after receipt of a confirmation of job offer from HRSDC;
or;
Number of points awarded: 10.
Factors for earning points: Factor five: arranged employment in Canada:
A temporary work permit that was exempted from the requirement of a
confirmed job offer from HRSDC on the basis of an international
agreement (e.g., North American Free Trade Agreement), a significant
benefit to Canada (e.g., intracompany transfer) or public policy on
Canada's academic or economic competitiveness (e.g., postgraduate
work);
Number of points awarded: 10.
Factors for earning points: Factor six: adaptability;
Number of points awarded: Maximum 10.
Factors for earning points: Factor six: adaptability: Spouse's or
common-law partner's education;
Number of points awarded: 3 - 5.
Factors for earning points: Factor six: adaptability: Minimum 1 year
full-time authorized work in Canada;
Number of points awarded: 5.
Factors for earning points: Factor six: adaptability: Minimum 2 years
full-time authorized post- secondary study in Canada;
Number of points awarded: 5.
Factors for earning points: Factor six: adaptability: Have received
points under the Arranged Employment in Canada factor;
Number of points awarded: 5.
Factors for earning points: Factor six: adaptability: Family
relationship in Canada;
Number of points awarded: 5.
Factors for earning points: Total;
Number of points awarded: Maximum 100.
Factors for earning points: Total: Current pass mark (as of July 2006);
Number of points awarded: 67.
Source: Citizenship and Immigration Canada.
[End of table]
Individuals with a score that is the same or higher than the pass mark
may qualify to immigrate to Canada. Individuals with a score less than
the pass mark are unlikely to qualify to immigrate to Canada as a
skilled worker. In addition, applicants for skilled migration are
required to meet minimum work experience requirements according to the
Canadian National Occupation Classification, a system that describes
the duties, skills, aptitudes, and work settings typical of jobs in
Canada. They are also required to prove that they have the funds to
support their family in Canada, unless the applicants have prearranged
employment in the country.
Enforcement of Laws that Prohibit Employment of Unauthorized Foreign
Workers:
In Canada, employers who employ unauthorized foreign workers can be
subject to criminal penalties. These penalties include, depending on
the type of conviction, a maximum fine of C$50,000 (about $43,800) and/
or a maximum prison term of 2 years, or a maximum fine of C$10,000
(about $8,800) or a maximum prison term of 6 months. According to
Canadian government officials, Canadian law does not clearly set forth
any administrative or civil penalties for employers who employ
unauthorized foreign workers. Unauthorized workers can be subject to
detention and deportation.
The Royal Canadian Mounted Police is primarily responsible for
investigating employers and issuing criminal sanctions against
employers for hiring unauthorized foreign workers, but this
responsibility is being transferred to the Canadian Border Services
Agency. This agency has about 350 to 400 officers responsible for all
of its inland enforcement functions, including for investigating
unauthorized workers.
Regularization Efforts:
In 1973, Canada implemented a regularization program. Applicants were
required to have resided in the country before November 1972 and
demonstrate a stable employment history and family ties in Canada.
About 50,000 individuals applied for the program, and approved
applicants were granted long-term residence status. The Canadian
government provided training to immigration agency staff for reviewing
and processing applications, which helped limit some problems in the
application review process.
[End of section]
Appendix VI: Information on Selected Immigration-Related Programs in
France:
Foreign Worker Admissions:
After World War II, the French government introduced measures to
attract foreign labor to regions and economic sectors with labor
shortages.[Footnote 50] In particular, France concluded bilateral
agreements with numerous countries for managing labor migration to
France. The first such agreement was signed with Italy in 1947 and was
followed by agreements with Spain in 1956, Morocco in 1963, Portugal in
1964, and the former Yugoslavia in 1965. Other agreements were signed
with Tunisia, Turkey, and Algeria, among others. France also has
bilateral agreements with Romania and other countries to facilitate
unauthorized immigrants' repatriation by stipulating that deported
foreign workers will not be able to secure a tourist visa enabling them
to return to France for at least a few months after repatriation. In
1974, France instituted a ban on most forms of immigration in response
to the economic downturn of that period and introduced employer
sanctions to deter employers from hiring unauthorized foreign workers.
All French work permit applications are processed by the local
employment office, or Direction Departmentale du Travail, de l'Emploi
et de la Formation Professionelle (DDTEFP). Temporary work permits can
be issued to foreigners invited to work, for a period initially not to
exceed 1 year, performing a job which is temporary in nature (e.g.,
trainees, researchers and scientists, performers, workers assigned to a
French subsidiary by a foreign "parent" company). Employers are
required to submit their request for a temporary work permit to DDTEFP,
which evaluates the current and future job situation, the employers'
compliance with labor regulations, the terms and conditions of
employment and remuneration, and provisions for housing.
For permanent foreign workers, only those employers who cannot find
available, qualified workers within France may petition to bring in a
permanent worker who is not a European Union (EU) national. DDTEFP
reviews applications for permanent foreign workers on a case-by-case
basis, considering such factors as the job situation in the relevant
professional and geographic area, the applicable conditions for
applying regulations related to work, the conditions of employment and
remuneration offered to the foreign worker, the steps taken to ensure
workers' housing, and the technological and commercial interest of the
request.
French residence permits are valid for 10 years and allow a foreigner
to work in the country. To obtain a 10-year residence permit,
foreigners must have been living in France for 5 years and demonstrate
that they are well integrated into French society. Temporary permits
are valid for 1 year and are given to foreigners who can prove family
ties, as well as to certain types of workers, such as scientists,
artists, and students, and to visitors. The French government has also
taken steps to help better integrate immigrants, such as establishing a
dialogue with immigrant organizations and providing scholarships for
immigrants.
In addition, French employers can apply to bring in foreign workers for
seasonal employment from countries with which France has entered into
an agreement--Tunisia, Morocco, and Poland. The maximum length of a
seasonal contract for seasonal work generally cannot exceed 6 out of 12
consecutive months. For Moroccan and Tunisian seasonal workers, the
term of the employment agreement is set at a minimum of 4 months. Prior
to receiving an assignment, Moroccan and Tunisian seasonal workers sign
a document at a national agency for foreigners and immigration, or
Agence Nationale de l'Accueil des Etrangers et des Migrations (ANAEM),
mission agreeing to return to their countries upon expiration of their
employment agreements and to appear at the mission office in their home
country to record their return.
Employment Verification Process:
All workers outside the EU or Switzerland must possess authorization to
work in France, and employers are required to check these workers' work
authorization status. Employers are required to photocopy non-EU
workers' work permits and maintain a copy of the permit in each
worker's file.
Employers are also required to file a declaration of hire with the
French social security administration for each worker, regardless of
the worker's nationality. The declaration of hire contains the
employee's name, nationality, and date of hire. Employers file the
declaration by fax or registered mail or over the Internet.
Enforcement of Laws That Prohibit Employment of Unauthorized Foreign
Workers:
In France, responsibility for enforcing laws that prohibit the
employment of unauthorized foreign workers is coordinated among
multiple agencies. French police, gendarmerie, labor, and customs
officers are responsible for worksite enforcement efforts and work
together to conduct worksite enforcement operations. When inspecting
worksites, labor inspectors may compare information reported by
employers to the French social security administration with information
in employers' records to determine whether employers have properly
registered their workers with the social security administration and
whether workers are authorized.
At the local level, departmental boards to curb illegal employment,
referred to as CODELTIs, are responsible for coordinating worksite
enforcement efforts. These boards bring together relevant government
services and agencies, consular chambers, and other social partners,
and set guidelines for worksite enforcement actions. An operational
committee for curbing illegal employment, or Comité Opérationnel de
Lutte contre le Travail Illégal (COLTI), is established from among the
local boards' members and is chaired by the chief prosecutor. At the
national level, the interministerial delegation for curbing illegal
employment, or Délégation Interministérielle à la Lutte contre le
Travail Illégal (DILTI), coordinates worksite enforcement efforts.
In France, employers can be subject to civil and administrative
penalties for employing unauthorized foreign workers. Employers can be
fined administratively €3,110 ($3,900) per unauthorized worker and
fined criminally a maximum of €15,000 ($18,800) per offense. Employers
can also be sentenced to a maximum prison term of 5 years. In 2005,
France imposed about €2.7 million (about $3.4 million) in civil fines
on employers.
In addition to these fine amounts, the French government can require
employers to pay costs for deporting unauthorized foreign workers.
Moreover, the government can require employers to pay any previously
unpaid wages to unauthorized foreign workers, and unauthorized foreign
workers can sue employers for damages, such as for poor working
conditions or abuse.
Regularization Efforts:
France has undertaken several regularization programs. In 1981-1982,
France undertook a large-scale regularization program under which
unauthorized immigrants residing in the country before January 1, 1982,
could apply for legal status. The French government approved about
121,000 individuals for regularization. The program was intended to
reduce employment in the underground economy and help integrate
unauthorized immigrants into the country. The French government
modified program requirements to allow third parties to assist
unauthorized foreign workers rather than relying solely on employers to
do so as specified under initial program requirements.
In 1997, France implemented a regularization program that provided the
opportunity to obtain legal status for unauthorized immigrants who had
continuously resided in the country for 7 years and had family ties in
the country or who had resided in the country for 5 years, had family
ties, and had documentation from an employer showing the employer's
intention to hire. About 78,000 applicants were granted residence and
work permits, and the majority of approved applications were based on
family ties.
Additionally, in 1998 France instituted a program for regularizing the
status of unauthorized immigrants on a case-by-case basis. Under this
program, unauthorized immigrants who have resided in France for a
specified period of time can apply for regularization. The length of
time required to obtain residency is 3 years for families with
children, 15 years for students, and 10 years for other applicants.
[End of section]
Appendix VII: Information on Selected Immigration-Related Programs in
Germany:
Foreign Worker Admissions:
German Guest Worker Programs:
During the 1950s and 1960s, Germany established bilateral agreements
with various countries, including Italy, Spain, Greece, Turkey, and
Morocco, for the admission of guest workers.[Footnote 51] As a result,
foreigners as a percentage of the German labor force increased from
about 1 percent in 1960 to about 12 percent in 1973. According to the
German Interior Ministry, the original intent of these guest worker
admissions was to limit the length of time foreign workers could stay
in Germany. After the allotted time had run out, the foreign workers
were supposed to return to their home countries to be replaced by new
foreign workers. However, the Interior Ministry reported that starting
in the late 1960s, a growing number of foreign workers stayed in
Germany permanently. In 1973 Germany issued a ban on the recruitment of
foreign workers, and the Interior Ministry noted that this ban may have
acted as an incentive for temporary foreign workers to stay in Germany
permanently because it made it impossible for workers to return to
their home countries temporarily and then come back to Germany to work.
Current Foreign Worker Programs:
High-Skilled Foreign Worker Admissions:
Germany uses various foreign worker programs to admit high-skilled, low-
skilled, and seasonal foreign workers. Highly skilled workers, such as
senior academics, researchers, and top business managers, can obtain
authorization to work in Germany without a requirement for employers to
prove whether German workers are available to fill the positions. In
addition, these highly skilled workers may be granted permanent
residence upon arrival in Germany. Germany also admits skilled foreign
workers in other occupations, including scientists, foreign language
teachers, specialty chefs, chaplains, artists, models, professional
athletes, and trainers.
In 2000, Germany instituted a program for recruiting information
technology specialists in which foreign specialists could reside and
work in Germany for a 5-year period, after which they could apply for
permanent residency and bring in family members if the specialists met
a minimum salary requirement.
Seasonal Foreign Worker Admissions:
Germany has a seasonal foreign worker program to recruit and admit
foreign workers on a temporary basis to fill jobs in the agriculture
(e.g., farming, forestry, and food processing), hospitality (e.g.,
hotels and catering), and carnival sectors. Seasonal work permits are
issued for a maximum of 4 months to workers in agriculture and
hospitality and for a maximum of 9 months to workers in the carnival
sector. Under Germany's seasonal worker program, foreign workers are
required to return to their home countries after expiration of their
work permits. These workers are also required to work only for the
employers specified on their permits.
In 2005 Germany admitted about 330,000 seasonal foreign workers. For
2006, the German government reduced the number of seasonal foreign
worker admissions to encourage the employment of unemployed German
workers in the agriculture and hospitality sectors. For 2006, the
German government guaranteed each employer in these sectors 80 percent
of the number of work permits for foreign workers received in 2005.
Employers could receive an additional 10 percent of the number of
foreign worker permits received in 2005 after proving that no native
German workers were available to fill needed jobs. The German
government intended that employers fill remaining needed jobs with
unemployed German workers.
Employers can recruit and apply for seasonal foreign workers in two
ways: (1) the employer identifies a specific foreign worker by name for
his or her vacant position; or (2) the employer requests a foreign
worker to fill a position through a local employment agency without
specifying a particular foreign worker. The employer may specify the
country from which he or she would like the foreign worker. Under this
latter case, the local employment agency submits the employer's
application to the German Federal Employment Agency. The Federal
Employment Agency then works with its counterpart in another country to
identify a foreign worker from that country for the position. The
Federal Employment Agency sends a job description from the employer to
the other country, and the employment agency in the other country
suggests a few workers for the position to the Federal Employment
Agency. These suggestions are then sent from the Federal Employment
Agency to the employer, and the employer then decides which worker he
or she wants to fill the position. After the foreign worker needed for
a position is identified (either by the employer or the Federal
Employment Agency), the worker picks up a copy of the employment
contract at his or her country's employment agency. On average, it
takes about 6 weeks from the time that an employer submits an
employment contract to the local employment agency to the time that the
employer receives the foreign worker.
To obtain a work permit for a foreign worker, an employer must pay a
€60 (about $75) fee to the local employment agency and provide an
employment contract to the agency that guarantees the foreign worker
will have a position upon the worker's arrival in Germany. The
employment contract specifies housing conditions for workers, agreed-
upon wages, and any fees charged for food or housing. Employers usually
pay or provide transportation costs for foreign workers to get from
their home countries to the worksite.
The local employment agency conducts a labor market test to determine
whether there are German or European Union (EU) citizens who could fill
the position. If there are no available German or EU citizens for the
position, the position can be filled by a foreign worker. As part of
the labor market test, the local employment agency publishes the
employer's job description on its Web site and may check with the EU
placement office to determine whether there are EU citizens available
for the position.
Low-Skilled Foreign Worker Admissions:
Germany has established bilateral agreements with countries to manage
the admission of temporary foreign workers from those countries into
Germany. These countries include Bulgaria, Croatia, Hungary, Latvia,
Poland, Romania, Slovakia, and Turkey, among others. In 2003, Germany
admitted approximately 44,000 foreign workers under these bilateral
agreements.
Germany admits foreign workers under other types of programs. For
example, Germany annually admits between 3,000 and 6,000 young people
from Central and Eastern European countries for a maximum of 18 months
under a worker training program. Germany also admits foreigners to work
as au pairs on 1-year permits.
Integration Courses:
In 2005, Germany established integration courses for foreigners
admitted to Germany. The courses are financed by the German federal
government and are available to all migrant groups. For some migrants,
such as new arrivals from non-EU countries who have limited German
knowledge, the courses are mandatory, and the German government can cut
social benefits to migrants who are required to participate in the
courses but fail to do so. The courses comprise 630 hours, of which 600
hours are basic language training and 30 hours are an orientation to
German history, culture, and the political system.
Employment Verification and Registration Process:
In Germany, foreign workers are required to present identity and work
eligibility documents, such as a passport or work permit to employers.
Employers are required to check these documents to verify foreign
workers' authorization to work in Germany. For native German workers,
employers are required to report workers' information to the German
government for the payment of taxes and social insurance contributions
for the workers.
Enforcement of Laws That Prohibit Employment of Unauthorized Foreign
Workers:
The Department for the Financial Investigation of Clandestine Labor of
the German Customs Authority is primarily responsible for enforcing
laws that prohibit illegal labor practices, including the employment of
unauthorized foreign workers in Germany. The department, which has
about 7,000 staff members, checks whether employers have paid
appropriate taxes and social insurance contributions on behalf of
workers and have employed only authorized workers. Employers in the
following sectors in Germany have traditionally employed a significant
number of unauthorized foreign workers: construction, transportation,
cleaning services, hotel, and restaurant businesses.
The Department for the Financial Investigation of Clandestine Labor of
the German Customs Authority conducts inspections and investigations of
worksites. During an inspection, customs officers check employment
records for compliance with labor and social laws as well as the law to
combat illegal labor practices. If suspicion arises during an
inspection that the employer is engaged in illegal employment
activities, the customs officers at the worksite can cease the
inspection and initiate a criminal investigation of the worksite.
During an investigation, which usually requires a warrant, customs
officers interview workers and collect evidence to determine whether
the employer has engaged in any criminal or minor violations of labor
and social laws.
Employers can be subject to various administrative fines and criminal
penalties for engaging in illegal labor practices. Employers can be
fined for noncriminal violations of labor or social laws from €5 up to
€500,000 (about $6 to $628,800) total for employing unauthorized
foreign workers. Criminal fine amounts are imposed on a daily basis
ranging from a minimum of 5 days to a maximum of 360 days. German
courts determine the daily rate of fine amounts, taking into account
the personal and financial circumstances of each employer. In general,
courts use the average net income of the employer as a starting point
for determining fine amounts. The daily rate of fine amounts range from
a minimum of €1 to a maximum of €5,000 (about $1 to $6,300). The German
government can seize the assets of employers who do not pay the
appropriate amount for social security contributions, taxes, or wages.
Employers can be sentenced to a prison term of up to 10 years for
employing unauthorized foreign workers. In addition, employers who hire
unauthorized foreign workers can be excluded from public contracts, be
required to pay deportation costs for unauthorized foreign workers, and
be required to pay back taxes and social security contributions that
were not initially paid for the unauthorized foreign workers.
Unauthorized foreign workers identified in Germany can also be subject
to various penalties. For example, administrative fines ranging from €5
up to €5,000 (about $6 to $6,300) can be imposed on unauthorized
foreign workers. Unauthorized foreign workers can also be subject to
criminal penalties. Criminal fine amounts are imposed on a daily basis
ranging from a minimum of 5 days to a maximum of 360 days. The daily
rate of fine amounts range from a minimum of €1 to a maximum of €5,000
(about $1 to $6,300). Additionally, unauthorized foreign workers can be
expelled from Germany and prohibited from reentering the country. Table
13 provides data on the enforcement actions of the Department for the
Financial Investigation of Clandestine Labor for 2003 through 2005.
Table 13: Data on the Department for the Financial Investigation of
Clandestine Labor Enforcement Activities for 2003 through 2005:
Enforcement output: Number of employer investigations initiated;
2003: 33,000;
2004: 105,000;
2005: 78,000.
Enforcement output: Number of persons checked during worksite
investigations;
2003: 79,000;
2004: 265,000;
2005: 356,000.
Enforcement output: Number of completed pre-trial criminal
investigations;
2003: 9,800;
2004: 56,900;
2005: 81,300.
Enforcement output: Number of completed investigations that resulted in
administrative offenses;
2003: 1,200;
2004: 49,900;
2005: 53,9002.
Enforcement output: Total amount of administrative fines;
2003: €5 million ($6.3 million);
2004: €33 million ($41.5 million);
2005: €67 million ($84.2 million).
Enforcement output: Total value of assets confiscated for forfeiture;
2003: €34million ($42.8 million);
2004: €43 million ($54.1 million);
2005: €13 million ($16.3 million).
Enforcement output: Total financial damages detected through
investigations;
2003: €348 million ($337.6 million);
2004: €476 million ($598.5 million);
2005: €563 million ($707.9 million).
Enforcement output: Total amount of criminal fines (including
compensation) from verdicts and penalty orders;
2003: € 4million ($5.0 million);
2004: €9 million ($11.3 million);
2005: €21 million ($26.4 million).
Enforcement output: Total amount of prison sentences;
2003: 300 years;
2004: 470 years;
2005: 1,000 years.
Source: Department for the Financial Investigation of Clandestine Labor
data.
Note: Data have been rounded. Amounts in U.S. dollars are rounded,
based on the exchange rate from July 25, 2006.
[End of table]
Efforts to Streamline Employment Processes:
The German government has streamlined the hiring process and tax and
social insurance payment procedures for certain types of jobs in
Germany. Called mini jobs, these jobs are one for which workers earn
less than €400 (about $500) per month. The goal of the mini jobs
program is to provide incentives to employers so that they employ
workers legally and pay taxes and social insurance contributions for
those workers.
[End of section]
Appendix VIII: Information on Selected Immigration-Related Programs in
Spain:
Foreign Worker Admissions:
Spain has traditionally been a country of emigration rather than one of
immigration.[Footnote 52] Following World War II, many individuals left
Spain to work in other European countries, but by the 1980s, Spain had
started attracting increasing numbers of immigrants.
Spain is organized into 17 autonomous communities, each with its own
laws in addition to national level legislation, which has precedence.
When Spain joined the European Union (EU) on January 1, 1986, citizens
of other EU countries gained free access to the Spanish labor market
and social services. Citizens of the 10 newest EU member countries that
joined on May 1, 2004, must meet specific requirements to work in Spain
for longer than 180 days, including the following:
* the permit must be requested by the employer or company
representative;
* the worker must not be in an illegal situation in Spain when applying
for the permit;
* the permit will be restricted to a specific sector, work activity,
and geographical area; and:
* the permit is valid for 1 year and may be renewed.
The potential employer must receive authorization from the Spanish
government to employ a foreign worker before a work visa will be
issued. Prior to arrival, the foreign worker must obtain the residence
and work visa from the Spanish Consular Office in the worker's home
country. The initial residence permit has a validity of 1 month and may
be renewed. Permanent residence permits are issued to those who have
lived in Spain for at least 5 consecutive years with a temporary
resident permit.
Spain also has 9-month seasonal work permits. Under this program,
20,000-30,000 foreign workers are admitted per year, primarily in
agriculture. Employers are required to provide housing and pay for
travel for the foreign workers. Once a foreign worker has participated
in the program for 3 years, participants are given preference to apply
for a permit leading to permanent residence.
Employment Verification and the Enforcement of Laws That Prohibit
Employment of Unauthorized Foreign Workers:
Non-EU nationals who wish to live and work in Spain for more than 3
months are required to register with a local police station and receive
an Alien Registration Card within 1 month of entering the country. To
receive the Alien Registration Card, a foreign national must show:
* proof of identity,
* receipt of fee payment, and:
* the appropriate visa, obtained prior to arrival in Spain, if
applicable.
Spain requires all inhabitants of a city or village to register by
enrolling in the Municipal Register, which lists all residents. Both
Spanish nationals and foreigners can register, irrespective of their
legal status. To register, a person must provide a home address, as
well as proof of residence, such as a tenancy agreement or gas,
electricity, or telephone bills. Foreigners from outside the EU who
have no permanent residence permit must renew their registration every
2 years.
Potential employees must present documents to employers to prove
identity and work authorization at the time of hire. Employers are
required to check the documents and report employee identity and work
authorization information to the Spanish government. Spain's labor and
social security inspectorate is responsible for investigating all
potential worksite violations at the national level, which may include
employment of unauthorized foreign workers, health and safety
violations, and failure to make social insurance contributions. The
inspectorate currently employs 800 inspectors and 850 deputy
inspectors. Half of the labor inspectors work under the authority of
the central government and are responsible for offenses related to
social contributions and work by foreigners. The remaining inspectors
work under the authority of the autonomous regions and are responsible
for occupational health and safety and labor relations-related
violations.
The inspectorate targets its worksite enforcement actions using
information generated from Spain's regularization effort and comparing
this information to the employer's hiring records submitted to the
Spanish government. For example, an employer who requested
regularization for a greater number of employees than were officially
submitted by an employer would likely face an inspection. This was made
possible because the database of regularization data was available to
all the other agencies with responsibility for controlling illegal
work, including the labor and social security inspectorate, as well as
the tax collection agency and the ministries of justice, interior and
foreign affairs.
Spain sanctions employers for hiring unauthorized workers. If an
unauthorized worker remains illegally employed for at least 1 year, the
worker can denounce the employer and receive permanent resident status.
Employers can be fined administratively from €6,000 to €60,000 (about
$7,500 to about $75,500) per unauthorized worker. After inspectors
uncover and record a violation, the process for assessing employer
sanctions goes through two phases: (1) an administrative phase, and, in
the case of employer appeals, (2) a court/judicial phase. An employer
wishing to appeal the case, it must first pay the sanction in escrow to
the central government's tax agency. The employer then pays interest on
the fine for the length of the appeal process. As a consequence of this
process, government officials estimate the Spanish government collects
an average of 80 percent of total sanctions imposed, but this varies
among autonomous communities.
Regularization Efforts:
Spain implemented a regularization program in 1985. Applicants were
required to have an employment contract and to have been present in
Spain before July 24, 1985. About 44,000 unauthorized immigrants
applied for regularization. In 1991, the Spanish government held
another regularization program for workers who had resided in Spain
prior to May 15, 1991, and to asylum seekers whose applications had
been rejected or were under review. About 110,000 individuals were
regularized.
In 1996, Spain implemented another regularization program for
unauthorized immigrants. To be eligible, applicants needed to prove
that they had been employed (without a permit) since January 1, 1996;
had a working or residence permit issued after May 1986 (regardless of
current employment status); or were a family member of an applicant.
The program regularized about 21,000 unauthorized immigrants.
Spain implemented a fourth large-scale regularization program in 2000.
To apply for the program, unauthorized immigrants had to prove that
they had been in Spain before June 1, 1999, and had applied for or
received a residence or work permit at some point. About 164,000
unauthorized immigrants were regularized under the 2000 program. Spain
also implemented a regularization program in 2001. The 2001 program
targeted those who had been in Spain since January 23, 2001, and were
employed or were family members of a foreign worker or Spanish citizen.
The government issued about 235,000 permits under this program.
Under the most recent regularization, in 2005, employers generally
applied for regularization on behalf of their unauthorized foreign
workers. Unauthorized foreign workers were required to provide proof of
registration with a local municipality in Spain before August 7, 2004,
and had to be in Spain at the time of application. They were also
required to have a work contract and a clean criminal record. In
applying for their workers, employers were required to demonstrate that
they were enrolled in and paying into the Spanish social insurance
system, that they had no history of breaking immigration laws in the
previous 12 months, and that they had not been sanctioned for violating
the rights of workers or immigrants. Employers were also required to
provide unauthorized foreign workers applying for regularization with a
work contact for a minimum of 6 months for most workers, a minimum of 3
months for agricultural workers, and a maximum of 12 months for
construction and hotel workers. Work permits granted under the
regularization program were valid for 1 year and are renewable
indefinitely as long as the regularized immigrants maintain their
employment. Some unauthorized foreign workers, such as those in part-
time jobs or working for several employers, could directly apply to the
Spanish government for regularization without applying through their
employers. The Spanish government established a database for
maintaining information on regularization applicants. About 700,000
unauthorized foreign workers applied and qualified for the
regularization program out of an estimated 800,000 workers projected to
be eligible for program participation. The 700,000 unauthorized foreign
workers who applied and qualified for the regularization program do not
include the approximately 400,000 family members of those workers who
qualified for regularization with the workers. As of February 2006,
approximately 560,000 workers had paid the required social insurance
contribution. In addition, Spain introduced enhanced enforcement
measures in conjunction with the regularization program.
[End of section]
Appendix IX: Information on Selected Immigration-Related Programs in
Switzerland:
Foreign Worker Admissions:
In 1948, Switzerland was one of the first European countries actively
to recruit foreign workers by signing a bilateral agreement with
Italy.[Footnote 53] Switzerland did not have public recruitment
agencies for recruiting foreign workers. Rather, recruitment was
organized by Swiss employers themselves. In 1963, Switzerland
introduced a ceiling on the number of foreign workers each employer
could admit. In 1970, the Swiss government introduced a global quota,
which placed an upper limit on the number of new foreigners allowed to
enter the country.
Current access to the Swiss labor market differs according to whether
or not a worker is a European Union (EU) national. EU nationals have
free access to the Swiss labor market, as granted by an agreement
between Switzerland and the EU, and this agreement will be extended to
the 10 newest members of the EU after a transitional period.
Switzerland has implemented a national quota for both temporary and
long-term workers from EU and non-EU countries, which limits the number
of foreign workers admitted to Switzerland each year. In 2005,
Switzerland set quotas for EU workers of 115,000 and 15,000 for short-
term and long-term workers, respectively, and set quotas for non-EU
workers of 4,000 and 5,000 for short-term and long-term workers,
respectively. Quotas for nationals of the old 15 EU-member states will
be abolished as of June 1, 2007. In recruiting and admitting foreign
workers, priority is granted to workers from EU member states, and
there are restrictions on the admission of non-EU workers except for
specialists and skilled workers.
Any foreign national seeking admission to Switzerland for employment
must first obtain a work and residence permit from the cantonal
authorities, which is arranged by the prospective employer. Residence
permits exceeding 4 months are, with some exceptions, subject to a
quota set by the Swiss Federal Council. Before granting a permit, the
labor market authorities consider the economic situation and the labor
market in the country, as well as other conditions governing paid work.
For example, they must check to see whether the pay and working
conditions are consistent with those prevailing locally in the industry
concerned, and whether a resident worker or a citizen from the EU is
able and willing to fill the vacancy under the same conditions.
Exceptions may be made for an industry experiencing labor shortages in
both the Swiss and European labor markets.
There are currently four types of permits available to foreign workers.
* Cross-border commuter permits are for gainful employment of people
resident in neighboring countries. These permits are not subjected to
quota. They are valid for 1 year and are renewable.
* Short-term work and residence permits are granted to people from the
EU who are offered employment of up to 364 days in the country;
if their contract lasts longer than that they will be given a 5-year EU
annual permit. Should a contract after 364 days be renewed for another
year, for example, a new EU short-time permit will be issued. Non EU-
nationals can obtain a short-time permit that is valid for up to 12
months but can be extended up to 24 months only in specific instances.
* Annual residence permits are issued to EU nationals to live and work
in Switzerland for 5 years. After that time, EU nationals can receive a
residence permit. For non-EU nationals, there are two types of annual
permits--one that is temporary and one that is indefinite. Authorities
generally renew the temporary annual permits each year (subject to the
employee still being employed), although a claim for renewal exists
only in certain cases. Annual permits are subject to a quota only if,
they are granted for the first time. Once foreigners have obtained an
annual permit of either type, they are considered to be part of the
domestic labor market.
* Settlement permits are granted to people who have resided in
Switzerland without interruption for 5 years for residents of European
Economic Area (EEA) countries and the United States and for 10 years to
all other nationals.
Once a year, the Swiss government sets a quota for the following year.
The quota is set by taking account of past experiences and the current
economic and labor market situation. Part of the yearly quota for each
labor sector category remains with the federal government, though the
bulk is at the discretion of the cantons. The quota for each canton is
determined by a complex system, taking into account the population,
industrial structure, and gross domestic product per capita. As a rule,
the federal quota is mainly complementary to that of the cantons, for
example, in cases where the interests of several cantons are affected,
such as the opening of a new large-scale factory.
A new Foreigners Law passed the Swiss Parliament and will be voted upon
by the Swiss population in September 2006. The present system for the
admission to the Swiss labor market for non-EU nationals will be
largely the same under the new law, but would provide foreign workers
from non-EU countries with more rights after entry. The draft law also
envisages allowing family reunification for temporary residents, which
is not possible under the current system. To obtain an annual permit,
consideration will be given to applicants' characteristics that will
help them integrate into the Swiss labor market: qualification,
occupational adaptability, knowledge of languages, and age. How these
criteria are interpreted and weighted, is likely to remain within the
discretion of the cantonal authorities under the new law. However this
will not affect qualified workers from outside the EU who enter the
Swiss labor market for the first time since their qualification
guarantees for sufficient integration. After 5 years, permit-holders
have a legal claim to an extension, provided they have not committed
any serious crimes and are not dependent on welfare services. After an
additional 5 years, foreigners may claim a settlement permit, but not
citizenship, which requires a minimum of 12 years residence in
Switzerland.
Employment Verification and Registration Process:
Foreign workers have 8 days after entering Switzerland in which to
register with the authorities in their local commune. The commune then
sends registration papers to the competent cantonal authority, which
processes the application and issues the appropriate residence permit.
Workers must show the following documents in order to register:
* a valid identity card,
* a certificate from a health insurance provider to prove that the
worker is a member of a recognized health insurance scheme,
* a passport photograph,
* a registry office documents (e.g., family record book, marriage
certificate, birth certificates of minor children), and:
* an employment contract or confirmation of enrollment at a university.
For foreign workers from non-EU countries, employers are required to
obtain confirmation about workers' work permits, which are issued
through the cantonal authorities after confirmation by the federal
authority. After arriving in Switzerland, foreign workers contact their
local commune to obtain their permits.
Enforcement of Laws That Prohibit Employment of Unauthorized Foreign
Workers:
Cantons in Switzerland are primarily responsible for enforcement of
Swiss immigration law.[Footnote 54] Among other things, the cantons are
responsible for deporting unauthorized immigrants and investigating
cases of illegal residency and labor. The cantons' police forces,
immigration authorities, and labor authorities carry out these
functions, and these bodies coordinate with one another, with the
agencies of the other cantons, and with the federal authorities.
Under current Swiss law, unauthorized immigrants can face criminal
sanctions of up to 6 months imprisonment or a fine of up to SwF 10,000
(about $8,000). In addition, the current law imposes sanctions on those
who facilitate illegal immigration on a commercial scale or as a member
of a criminal organization that engages in human trafficking. Such
individuals are punishable with up to 3 years' imprisonment, a fine of
up to SwF 100,000 (about $79,800), or both.
Under the proposed immigration reform legislation, the penalty for
illegal entry and presence would be increased to a maximum of 1 year
imprisonment or a fine of up to SwF 20,000 (about $16,000) for
intentionally committed offenses, and a fine for negligent conduct. The
proposed act would also provide more severe penalties for anyone
engaged in human trafficking, either individually or in a group--up to
5 years imprisonment or a fine of up to SwF 500,000 (about $399,000).
Under current Swiss law, employers of unauthorized foreign workers are
subject to a fine of up to SwF 5,000 (about $4,000) per intentionally
employed unauthorized worker, in addition to a possible conviction for
aiding and abetting illegal immigration. A fine of up to SwF 3,000
(about $2,400) is can be imposed for negligent conduct. However, Swiss
courts have discretion to lower or raise these fines for. The Swiss
government can, in some cases, require employers to pay fine amounts at
the time of the worksite inspections. In 2003, the Swiss government
issued 412 civil or administrative fines and 42 criminal fines against
employers for employing unauthorized workers. Under the proposed act,
employers who employ persons who do not have visas that entitle them to
work can face penalties of up to 1 year imprisonment (3 years
imprisonment in aggravated cases) and a fine of up to SwF 500,000
(about $399,000).
In addition to violating immigration laws, employers who employ
unauthorized immigrants as well as the unauthorized immigrants who work
for them are likely to commit criminal violations of the social
security law by not reporting employment and by not submitting
contributions. Repeat offenders among employers may be barred from
government contracts for 5 years and any subsidies that they receive
may also be forfeited. The cantons that impose these measures are
required to publish lists of sanctioned employers.
[End of section]
Appendix X: Information on Selected Immigration-Related Programs in the
United Kingdom:
Foreign Worker Admissions:
The United Kingdom has various programs for admitting foreign
workers.[Footnote 55] These programs include the Highly Skilled Migrant
Programme, the Seasonal Agricultural Workers Scheme, the Sector-Based
Scheme, and the Working Holidaymakers Scheme. However, the United
Kingdom government generally plans to phase out these programs as it
implements a points-based immigration system announced in March 2006.
The United Kingdom charges employers a £153 (about $280) fee to apply
for a work permit on behalf of each potential foreign worker.
Highly Skilled Migrant Programme:
Under the Highly Skilled Migrant Programme, skilled migrants can be
admitted to the United Kingdom for employment or self-employment. The
program does not require migrants to have a preexisting job offer
before entering the United Kingdom. Highly skilled migrants are
initially granted a 24-month permit for working in the United Kingdom.
Near the end of the 24-month period, highly skilled migrants can apply
to extend their permit. In 2005, the United Kingdom admitted about
7,000 migrants under its Highly Skilled Migrant Programme.
Seasonal Agricultural Workers Scheme (SAWS):
Under the Seasonal Agricultural Workers Scheme, foreign workers'
participation is limited to foreign students. These foreign workers are
granted a maximum 6-month permit to work in the United Kingdom. These
foreign workers are required to return to their home countries after
expiration of their work permits and are not allowed to bring
dependents with them to the United Kingdom. In 2006, the United Kingdom
set a quota of 16,250 foreign workers for admission under the SAWS.
To recruit foreign workers for the program, the United Kingdom
government contracts with third party entities (the SAWS operators).
The government allocates a certain number of work permits to each
operator, based on bids for work permits that the operators submit
annually to the United Kingdom government. The operators recruit
workers from other countries to fill the number of work permits issued
to them and then place the workers with farms in the United Kingdom.
The United Kingdom recruits foreign students who are on vacation from
their schools for seasonal agricultural work because these workers have
an existing reason to return to their home countries.
Sector-Based Scheme:
The United Kingdom introduced its Sector-Based Scheme in 2003 to
address labor market shortages in the hospitality and food-processing
sectors, although in 2005 the United Kingdom ended the program for the
hospitality sector. In 2003, the United Kingdom government set a quota
of 10,000 foreign workers to be admitted for each sector, according to
government officials. In 2004-2005, the United Kingdom approved about
12,300 foreign worker admissions under the Sector-Based Scheme.
Under the Sector-Based Scheme, employers in the United Kingdom recruit
foreign workers to fill job vacancies. Work permits issued under the
program are valid for a maximum of 12 months, but if foreign workers
return to and reside in their home countries for at least 2 months
after expiration of the initial permit, the workers can apply for
another 12-month permit under the Sector-Based Scheme. Foreign workers
admitted to the United Kingdom under the Sector-Based Scheme are not
allowed to bring dependents with them.
Working Holidaymakers Scheme:
The Working Holidaymakers Scheme enables British Commonwealth[Footnote
56] nationals aged 17 to 30 to come to the United Kingdom for 2 years
for a working holiday. The nationals are permitted to work to
supplement their funds while in the United Kingdom, but must be able to
support themselves without relying on welfare benefits. Working
holidaymakers may work only for 12 months in total during their stay in
the United Kingdom, and the 12 months work may be spread over the 2-
year period of stay, or taken in one block. In 2005, the United Kingdom
admitted about 62,000 foreigners under its Working Holidaymakers
Scheme.
Points-Based System:
In March 2006, the United Kingdom announced that a points-based system
will be introduced for managing labor migration that will largely
eliminate its other labor immigration schemes.[Footnote 57] The new
point-based system will use a 5-tier framework.
* Tier 1: highly skilled individuals:
* Tier 2: skilled workers with a job offer to fill gaps in the labor
force:
* Tier 3: limited numbers of low-skilled workers needed to fill
specific temporary labor shortages:
* Tier 4: students:
* Tier 5: youth and temporary workers allowed to work in the United
Kingdom for a limited period of time to satisfy primarily noneconomic
objectives:
Tier 1 is designed to bring into the United Kingdom those migrants with
the very highest skills. These migrants do not need a job offer and
will have unrestricted access to the labor market. A migrant who enters
under Tier 1 will not need a sponsor under the new system. Tier 1 will
replace the current Highly Skilled Migrant Programme, which already
takes a points-based approach to assessing which migrants are granted
entry to the United Kingdom. Under the points-based system, migrants
seeking to enter the United Kingdom under Tier 1 will need to
accumulate 75 points to be considered for admission. Table 14 provides
information on the points system for Tier 1.
Table 14: Tier 1 Points-Based System:
Qualifications/education: Bachelors degree;
Points: 30.
Qualifications/education: Mater's degree;
Points: 35.
Qualifications/education: Doctorate;
Points: 50.
Previous Earnings: £16,000-£18,000;
Points: 15.
Previous Earnings: £18,000-£20,000;
Points: 10.
Previous Earnings: £20,000-£23,000;
Points: 15.
Previous Earnings: £23,000-£26,000;
Points: 20.
Previous Earnings: £26,000-£29,000;
Points: 25.
Previous Earnings: £29,000-£32,000;
Points: 30.
Previous Earnings: £32,000-£35,000;
Points: 35.
Previous Earnings: £35,000-£40,000;
Points: 40.
Previous Earnings: Greater than £40,000;
Points: 45.
Previous Earnings: Previous earnings or qualifications were gained in
the UK;
Points: 15 (bonus).
Age: 30 or 31;
Points: 15.
Age: 28 or 29;
Points: 10.
Age: 27 or under;
Points: 20.
Source: United Kingdom Home Office:
[End of table]
Tier 2 is for those skilled workers who have received a job offer from
a United Kingdom employer. Applicants will need to have a job offer
from an employer who is registered with the Home Office on a list of
approved sponsors. In addition, the job will either need to be in an
occupation that has been identified as one with a shortage by the
United Kingdom government or will need to have accumulated a minimum of
50 points on the points test to demonstrate that the applicant is not
displacing a worker in the domestic United Kingdom and European Union
(EU) labor market (see table 15). In these cases, the migrant will need
to meet additional skills and salary requirements. Employers who wish
to bring migrants in under Tier 2 will act as their sponsor and issue
certificates of sponsorship that will include the job title and salary.
The certificate of sponsorship will act as an assurance from the
sponsor that the migrant intends and is able to do the job, that the
salary is appropriate to the United Kingdom (i.e., the sponsor is not
just trying to obtain cheap labor), that the job is at a specified
skill level, and that the job has been advertised in the United
Kingdom. For jobs not identified as ones with a shortage, points will
be used to ensure that applicants have the appropriate combination of
skills and prospective salary. Workers in Tier 2 will be able to change
employers within the United Kingdom but will be reassessed against the
points test and will be required to have a certificate of sponsorship
from the new employer. Tier 2 provides foreign workers with a route to
permanent settlement. Foreign workers who reside in the United Kingdom
for a minimum of 5 years can qualify to apply for permanent residence.
The initial grant of permanent status will be linked to the length of
the contract up to a maximum period. Tier 2 migrants will be able to
bring in dependants and to switch into Tier 1 if they meet the points
requirements for Tier 1.
Table 15: Tier 2 Points-Based System:
Qualifications/education: National Vocational Qualification level 3;
Points: 5.
Qualifications/education: Bachelor's degree;
Points: 10.
Qualifications/education: Master's degree;
Points: 10.
Qualifications/education: Doctorate;
Points: 15.
Prospective earnings: £15,000-£18,000;
Points: 5.
Prospective earnings: £18,000-£19,500;
Points: 10.
Prospective earnings: £19,500-£21,000;
Points: 15.
Prospective earnings: Greater than £21,000;
Points: 20.
Other: Job offer in shortage occupation;
Points: 50.
Other: Job offer passes resident labor market test;
Points: 30.
Other: Intracompany transfer with 6 months' previous employment with an
employer in a skilled job and a salary appropriate to the United
Kingdom;
Points: 50.
Source: United Kingdom Home Office.
[End of table]
The United Kingdom government plans to establish a scheme under Tier 3
only in cases where there is an identified temporary labor market
shortage that cannot be filled by workers in the United Kingdom or EU.
Foreign workers would be admitted for a maximum of 12 months, would be
prohibited from bringing their family members, and would be prohibited
from switching to another tier under the points-based system. The
United Kingdom has proposed to set up a quota-based low-skilled foreign
worker scheme for countries with which the United Kingdom has
arrangements for ensuring the return of temporary foreign workers to
their home countries. The United Kingdom is considering options such as
compulsory remittances, requiring open return tickets for foreign
workers, and capturing biometric data on foreign workers to ensure
their return. These schemes would be run by a contracted operator.
Under Tier 4, which would apply to foreign students seeking the
opportunity to study in the United Kingdom, each student, before making
an application, will be able to self-assess against a set of published
criteria to see whether he or she will have sufficient points to be
granted leave to enter or remain in the United Kingdom. These criteria
will include a valid certificate of sponsorship from an educational
institution at which the student has been offered--and accepted--a
place in a course of study.
Tier 5 would apply to youth exchanges and other temporary foreign
workers seeking employment in the United Kingdom. Under Tier 5 for
youth exchanges, participating countries will need to agree to the
terms of the scheme, including the existence of an effective return
arrangement, an acceptance that the foreign government will act as the
sponsor, and country limits set according to immigration risk. The
scheme will allow nationals aged 18 to 30, from participating
countries, to come to the United Kingdom for up to 24 months, after
which time they will have to leave the United Kingdom. In order not to
undermine the rationale of the scheme, which is principally about
people coming to the country for a holiday and doing incidental work to
support themselves and not an avenue for economic migration,
participants will generally be restricted to working for a maximum of
12 months out the total of 24 (as with the current Working Holidaymaker
Scheme). Participants will not be allowed to be self-employed or play
professional sports. In addition, those entering under the scheme will
not be able to bring dependants and will be unable to switch to any
other tier. These restrictions underline the temporary nature of the
route.
Temporary workers under Tier 5 are individuals who come to work in the
United Kingdom for a limited period of time whom might not qualify
under Tier 2, but who the United Kingdom wants to allow into the United
Kingdom for cultural, charitable, religious or international
development reasons or to satisfy the country's obligations under
certain international treaties. Part of Tier 5 rationalizes a large
number of existing routes into five sub-categories that will each have
its own distinctive attributes and sponsorship arrangements: creative
and sporting, voluntary, religious, exchange, and international
agreement. In keeping with the temporary nature of the tier, the
maximum period of leave that could be granted will be 24 months (12
months in some cases) and switching into other tiers will not be
permitted. Dependents will be allowed but will be entitled to work only
if the principal is granted more than 12 months' leave.
Employment Verification Process:
It is a criminal offense for employers to employ someone subject to
immigration control who has no right to work in the United Kingdom or
no right to do the work being offered. Employers can establish an
affirmative defense against conviction for employing an unauthorized
worker by checking and copying certain original documents presented by
potential new employees. As shown in table 16, potential new employees
can demonstrate their work authorization by providing one document from
List 1 or two documents from the combinations in List 2.
Table 16: Lists of Documents that Potential Employees Can Present to
Show Work Authorization:
List 1: A United Kingdom passport describing the holder as a British
citizen or as a citizen of the United Kingdom and Colonies and having
the right of abode in the United Kingdom;
First combination: A document issued by a previous employer, Inland
Revenue, the Department for Work and Pensions, Jobcentre Plus, the
Employment Service, the Training and Employment Agency (Northern
Ireland) or the Northern Ireland Social Security Agency which contains
the National Insurance number of the person named in the document, and:
List 2: Second combination: A work permit or other approval to take
employment issued by Work Permits UK, and:
List 1: A passport containing a certificate of entitlement issued by,
or on behalf of the Government of the United Kingdom, certifying that
the holder has the right of abode in the United Kingdom;
First combination: A birth certificate issued in the United Kingdom
which specifies the names of the holder's parents;
or;
List 2: Second combination: A passport or other travel document
endorsed to show that the holder has current leave to enter or remain
in the United Kingdom and is permitted to take the work permit
employment in question;
or.
List 1: A passport or national identity card, issued by a State which
is party to the European Economic Area Agreement, or any other
agreement forming part of the Communities Treaties which confers rights
of entry to or residence in the United Kingdom, which describes the
holder as a national of a state which is a party to that agreement;
First combination: A birth certificate issued in the Channel Islands,
the Isle of Man, or Ireland;
or;
List 2: Second combination: A letter issued by the Home Office to the
holder confirming the same.
List 1: A United Kingdom Residence Permit issued to a national of a
State which is a party to the European Economic Area Agreement, or any
other agreement forming part of the Communities Treaties which confirms
that the holder has rights of entry to or residence in the United
Kingdom;
First combination: A certificate of registration or naturalization as a
British Citizen;
or;
List 2: Second combination: [Empty].
List 1: A passport or other travel document, or a residence permit
issued by the Home Office which is endorsed to show that the holder has
a current right of residence in the United Kingdom as the family member
of a named national of a State which is a party to the European
Economic Area Agreement, or any other agreement forming part of the
Communities Treaties which confers rights of entry to or residence in
the United Kingdom, and who is resident in the United Kingdom;
First combination: A letter issued by the Home Office, to the holder,
which indicates that the person named in it has been granted indefinite
leave to enter or remain in the United Kingdom;
or;
List 2: Second combination: [Empty].
List 1: A passport or other travel document endorsed to show that the
holder is exempt from immigration control, has indefinite leave to
enter or to remain in the United Kingdom, or has no time limit on their
stay;
First combination: An Immigration Status Document issued by the Home
Office to the holder, endorsed with a United Kingdom Residence Permit,
which indicates that the holder has been granted indefinite leave to
enter or remain in the United Kingdom;
or;
List 2: Second combination: [Empty].
List 1: A passport or other travel document endorsed to show that the
holder has current leave to enter, or remain in, the United Kingdom and
is permitted to take the employment in question, provided that it does
not require the issue of a work permit;
First combination: A letter issued by the Home Office, to the holder,
which indicates that the person named in it has subsisting leave to
enter or remain in the United Kingdom and is entitled to take the
employment in question in the United Kingdom;
or;
List 2: Second combination: [Empty].
List 1: A registration card which indicates that the holder is entitled
to take employment in the United Kingdom;
First combination: An Immigration Status Document issued by the Home
Office to the holder endorsed with a UK Residence Permit, which
indicates that the holder has been granted limited leave to enter or
remain in the United Kingdom and is entitled to take to employment in
question in the United Kingdom;
List 2: Second combination: [Empty].
Source: United Kingdom Home Office.
[End of table]
In checking and copying the original documents presented by potential
employees, employers are required to check any photographs to ensure
that they are consistent with the appearance of the potential employee,
the dates of birth listed on the documents to ensure that they are
consistent with the appearance of the potential employee, the
expiration dates of employees' documents, and any United Kingdom
government stamps or endorsements to verify that the potential employee
is able to do the type of work being offered.
Enforcement of Laws That Prohibit Employment of Unauthorized Foreign
Workers:
In the United Kingdom, the Immigration and Nationality Directorate
within the Home Office is primarily responsible for enforcing laws that
prohibit the employment of unauthorized foreign workers. The Home
Office reported initiating about 2,900 investigations of illegal work
practices in 2005 and about 1,600 investigations in 2004. Table 17
provides data on the number of prosecutions against employers for each
year from 2000 through 2004.
Table 17: Number of Employer Criminal Prosecutions for Each Year from
2000 through 2004:
Criminal prosecutions;
2000: 4;
2001: 1;
2002: 1;
2003: 1;
2004: 8.
Source: United Kingdom Home Office.
[End of table]
In 2003, the United Kingdom Home Office detected about 1,800
unauthorized workers at worksites and in 2004, about 3,300 unauthorized
workers. Enforcement staff are primarily focused on the removal of
failed asylum seekers from the United Kingdom.
Regularization Efforts:
The United Kingdom has not implemented any large-scale regularization
programs for foreigners working illegally in the country. However, in
cases where individuals have resided unlawfully in the United Kingdom
for a continuous period of 14 years or more, the individuals can apply
to remain in the country legally on a permanent basis. In addition, in
2003 the United Kingdom initiated a program under which individuals who
applied for asylum before October 2000 and had a dependent residing
with them in the country between October 2000 and October 2003 could
apply for legal status for themselves and their dependents.
[End of section]
Appendix XI: Foreign Country Questionnaires:
GAO Survey of Foreign Government Policy and Management of Temporary
Foreign Worker Programs:
Migration, particularly the entry and employment of unauthorized
workers, is an important issue for the international community. The
Congress of the United States is interested in collecting information
from various countries to help inform the debate regarding immigration
policy proposals in the U.S. The Congress has asked its independent
research branch, the U.S. Government Accountability Office (GAO), to
explore policies and practices countries use to limit and control the
employment of unauthorized workers. GAO's work will likely culminate in
a publicly available report.
As part of this request, GAO would like to ask your agency a few
questions regarding your country's policies and experiences with
temporary foreign worker programs. Your agency's responses will be
compiled with responses from other countries to help GAO understand the
various approaches governments take to minimize and control employment
of unauthorized workers. This survey can be completed electronically-by
clicking on the check boxes to mark your answers and typing in written
responses-or you can complete it on paper by printing it out. When you
have finished the survey, please return it to us via the U.S. embassy
in your country.
The U.S. embassy's contact information is as follows:
In addition to this survey on temporary foreign worker programs, we
have also developed three other surveys that have been submitted to
your government on related migration issues. These surveys ask about
your country's employment verification process, regularization
programs, and the enforcement of laws that prohibit the employment of
unauthorized workers. The responses to these questions will be
invaluable to us, and we hope that our report will also provide you
with the opportunity to see how other countries manage migration
issues. We are happy to provide you with a copy of the report upon its
completion.
GAO thanks you in advance for your valuable support of our project, and
we extend our appreciation for this unique opportunity to communicate
with your government. If at any time you have any questions about the
survey or procedures for Filling it out, please do not hesitate to
contact Michelle Cooper, at (cooperm@gao.gov or 00-1-202-512-4445) or
Rebecca Gambler at (gamblerr@gao.gov or 00-1-202-512-6912).
Please provide the following information on the person completing this
questionnaire whom we may contact if we need to clarify any responses.
Name:
Title:
Agency name:
Email address:
Telephone number (please include country code):
Fax number (please include country code):
This survey has four parts. Part I asks about characteristics of
seasonal foreign worker programs in your country. Part 11 asks about
temporary foreign worker programs for skilled workers, and Part III
asks about temporary foreign worker programs for unskilled workers. In
Part IV, we would like your views on the advantages and disadvantages
of temporary foreign worker programs.
As you complete the survey, you may find the following definitions
helpful:
* We define a "temporary foreign worker" as a worker whom the
government brings in or allows entry from a foreign country in order to
meet domestic labor market needs for a limited amount of time.
We define "seasonal foreign workers" as workers brought in or allowed
entry from foreign countries by the government for a specified amount
of time only, in order to meet the seasonal, intermittent, peak load,
or one-time needs of agricultural producers.
* We define "skilled foreign workers" as workers brought in or allowed
entry from foreign countries by the government for a specified amount
of time only, on the basis of intermittent, peak load, or one-time
occurring labor market needs for jobs requiring specialized knowledge
and/or skills, generally gained through the completion of higher
education, training, and/or professional experience.
* We define "unskilled foreign workers" as workers brought in or
allowed entry from foreign countries by the government for a specified
amount of time only, on the basis of intermittent, peak load, or one-
time occurring labor market needs for non-seasonal jobs which require
limited education, training, and/or experience.
We define "employment verification process" as the process by which
employers are required to verify the identity or work authorization of
employees.
We define "unauthorized migrants" as migrants without legal
authorization to reside in your country.
We define "regularization programs" as those that offer migrants who
arrive and%or remain over a period of time without authorization in a
country the opportunity to secure legal temporary or permanent resident
and/or worker status.
1. Seasonal Foreign Worker Programs:
*NOTE: We define a "temporary foreign worker" as a worker whom the
government brings in or allows entry from a foreign country in order to
meet domestic labor market needs for a limited amount of time. Also, we
define "seasonal foreign workers" as workers brought in or allowed
entry from foreign countries by the government for a specified amount
of time only, in order to meet the seasonal, intermittent, peak load,
or one-time needs of agricultural producers.
1. Does your country have at least one temporary foreign worker program
that permits legal employment of seasonal foreign workers?
Yes
No --> Go to 7
Don't know --> Go to 7.
2. What are the names of these seasonal foreign worker programs?
3. Which of the following, if any, are characteristics of your
temporary foreign worker programs for seasonal foreign workers? Please
answer "yes" if these characteristic apply to at least one of your
country's temporary foreign worker programs for seasonal foreign
workers, even if they do not apply to all programs.
a. Employers can only apply to bring in seasonal foreign workers if;
the employers cannot find citizens or permanent residents to fill the
positions.
b. Seasonal foreign workers must apply for the program prior to
entering your country
c. Seasonal foreign workers residing illegally in your country can
apply for temporary foreign worker programs
d. Seasonal foreign workers must obtain a residency permit to work in
your country through a temporary seasonal foreign worker program
e. Seasonal foreign workers must return to their home countries after a
specific period of time
f Seasonal foreign workers can only work for the specific employer for
which they were hired through the program
g . Seasonal foreign workers can only work in the specific job position
for which they were hired through the program
h. Seasonal foreign workers can apply for legal permanent resident or
citizenship status after a certain period of time in your country
i. Seasonal foreign workers residing illegally in your country can
apply for legal permanent residence or citizenship status after a
certain period of time in your country
j. Seasonal foreign workers must pay a fee to apply for and/or obtain a
work permit
k. Seasonal foreign workers may bring in family members
l. Employers must pay a fee to apply for and/or obtain a work permit
for their seasonal foreign workers
m. Government agency conducts a labor market test to determine whether
seasonal foreign workers are needed to fill positions
n. Government and/or employer recruits seasonal foreign workers from
specific countries
o. Other. . Please Specify:
4. Do any of your country's temporary seasonal foreign worker programs
use quotas to regulate the number of seasonal foreign workers admitted
each year?
No
Yes [Please specify the maximum number of seasonal foreign workers who
can be admitted each year under the quota]
5. For the most recent year for which data are available, what was the
total number of temporary foreign workers who applied for admission and
who were admitted to your country's seasonal foreign worker programs in
that year?
a. Foreign workers who applied for admission applications:
b. Foreign workers who were admitted admissions:
6. Which of the following methods, if any, does your country use to
encourage temporary seasonal foreign workers to return to their home
countries after the authorization to work in your country expires?
a. Seasonal foreign workers must prove their intent to return to their
home countries, such as by possessing a round-trip air ticket, prior to
entering your country.
b. Seasonal foreign workers can only obtain social security benefits
upon the workers return to their countries.
c. A portion of seasonal foreign workers' earnings are withheld until
they return to their home countries.
d. Your country recruits seasonal foreign workers who have an existing
reason to return home, such as students who work in your country during
school breaks.
e. Employers are required to post a bond that is returned to them after
seasonal foreign workers return to their home countries.
f. Seasonal foreign workers are required to post a bond that is
returned to them after they return to their home countries.
g. Seasonal foreign workers are required to leave your country before
they can obtain a new work permit from your country.
h. Other...Please Specify.
II. Skilled Temporary Foreign Worker Programs:
*NOTE: We define "skilled foreign workers" as workers brought in or
allowed entry from foreign countries by the government for a .specified
amount of time only, on the basis of intermittent, peak load, or one-
time occurring labor market needs for jobs requiring specialized
knowledge and/or skills, generally gained through the completion of
higher education, training, and/or professional experience.
7. Does your country have at least one temporary foreign worker program
that permits legal employment of skilled foreign workers?
Yes:
No --> Go to 13.
Don't know --> Go to 13.
8. What are the names of these skilled foreign worker programs?
9. Which of the following, if any, are characteristics of your
temporary foreign worker programs for skilled foreign workers? Please
answer "yes" if these characteristic apply to at least one of your
country's temporary foreign worker programs for skilled foreign
workers, even if they do not apply to all programs.
a. Employers can only apply to bring in skilled foreign workers if the
employers cannot find citizens or permanent residents to till the
positions.
b. Skilled foreign workers must apply for program prior to entering
your country.
c. Skilled foreign workers residing illegally in your country can apply
for temporary foreign or guest worker programs.
d. Skilled foreign workers must obtain a residency permit to work in
your country through a temporary foreign worker program.
e. Skilled foreign workers must return to their home countries after a
specific period of time.
f. Skilled foreign workers can only work for the specific employer for
which they were hired through the program.
g. Skilled foreign workers can only work in the specific job position
for which they were hired through the program.
h. Skilled foreign workers can apply for legal permanent resident or
citizenship status after a certain period of time in your country.
i. Skilled foreign workers residing illegally in your country can apply
or legal permanent resident or citizenship status after a certain
period of time in your country.
j. Skilled foreign workers must pay a fee to apply for and/or obtain a
work permit.
k. Skilled foreign workers may bring in family members.
l. Employers must pay a fee to apply for and/or obtain a work permit
for their skilled foreign workers.
m. Government agency conducts a labor market test to determine whether
skilled foreign workers are needed to fill positions.
n. Government and/or employer recruits skilled foreign workers from
specific countries.
o. Other...please specify:
10. Do any of your country's temporary skilled foreign worker programs
use quotas to regulate the number of skilled foreign workers admitted
each year?
Yes [Please specify the maximum number of skilled temporary foreign
workers who can be admitted each year under the quota]
Yes:
No:
11. For the most recent year for which data are available, what was the
total number of foreign workers who applied for admission and who were
admitted to your country's skilled temporary foreign worker programs in
that year?
a. Foreign workers who applied for admission applications:
b. Foreign workers who were admitted admissions:
12. Which of the following methods, if any, does your country use to
encourage or ensure skilled temporary foreign workers to return to
their home countries after the authority to work in your country
expires?
a. Skilled foreign workers must prove their intent to return to their
home countries, such as by possessing a round-trip air ticket, prior to
entering your country.
b. Skilled foreign workers can only obtain social security benefits
upon the workers return to their home countries.
c. A portion of skilled foreign workers' earnings are withheld until
they return to their home countries.
d. Your country recruits skilled foreign workers who have an existing
reason to return home, such as students who work in your country during
school breaks.
e. Employers are required to post a bond that is returned to them after
skilled foreign workers return to their home countries.
f Skilled foreign workers are required to post a bond that is returned
to them after they return to their home countries.
g. Skilled foreign workers are required to leave your country before
they can obtain a new work permit from your country.
h. Other...please specify:
[See PDF for image]
II. Unskilled Temporary Foreign Worker Programs:
"NOTE: We define "unskilled foreign workers" as workers brought in or
allowed entry from foreign countries by the government for a specified
amount of time only, on the basis of intermittent, peak load, or one-
time occurring labor market needs for non-seasonal jobs which require
limited education, training, and/or experience.
13. Does your country have at least one temporary foreign worker
program that permits legal employment of unskilled foreign workers
(excluding any seasonal foreign worker programs)?
Yes:
No --> Go to 19.
Don't know --> Go to 19.
14. What are the names of these unskilled temporary foreign worker
programs (excluding seasonal foreign worker programs)?
15. Which of the following, if any, are characteristics of your
country's temporary foreign worker programs for unskilled foreign
workers (excluding seasonal foreign worker programs)? Please answer
"yes" if these characteristic apply to at least one of your temporary
foreign worker programs for unskilled foreign workers, even if they do
not apply to all programs.
a. Employers can only apply to bring in unskilled foreign workers if
the employers cannot find citizens or permanent residents to till the
positions.
b. Unskilled foreign workers must apply for program prior to entering
your country.
c. Unskilled foreign workers residing illegally in your country can
apply for temporary foreign or guest worker programs.
d. Unskilled foreign workers must obtain a residency permit to work in
your country through a temporary foreign worker program.
e. Unskilled foreign workers must return to their home countries after
a specific period of time.
f. Unskilled foreign workers can only work for the specific employer
for which they were hired through the program.
g. Unskilled foreign workers can only work in the specific job position
for which they were hired through the program.
h. Unskilled foreign workers can apply for legal permanent residence or
citizenship status after a certain period of time in your country.
i. Unskilled foreign workers residing illegally in your country can
apply for legal permanent resident or citizenship status after a
certain period of time in your country.
j. Unskilled foreign workers must pay a fee to apply for and/or obtain
a work permit.
k. Unskilled foreign workers may bring in family members.
l. Employers must pay a fee to apply for and/or obtain a work permit
for their unskilled foreign workers.
m. Government agency conducts a labor market test to determine whether
unskilled foreign workers are needed to fill positions.
n. Government and/or employer recruits unskilled foreign workers from
specific countries.
o. Other...please specify:
16. Do any of your country's temporary unskilled foreign worker
programs use quotas to regulate the number of unskilled foreign workers
admitted each year (excluding seasonal foreign worker programs)?
No.
Yes . [Please specify the maximum number of unskilled temporary foreign
workers who can be admitted each year under the quota] -->:
17. For the most recent year for which data are available, what was the
total number of foreign workers who applied for admission and who were
admitted to your country's unskilled temporary foreign worker programs
in that year?
a. Foreign workers who applied for admission applications:
b. Foreign workers who were admitted admissions:
18. Which of the following methods, if any, does your country use to
encourage or ensure temporary unskilled foreign workers return to their
home countries after the authorization to work in your country expires?
a. Unskilled foreign workers must prove their intent to return to their
countries, such as by possessing a round-trip air ticket, prior to
entering your country. :
b. Unskilled foreign workers can carp social security benefits that are
withheld until the workers return to their countries.
c. A portion of unskilled foreign workers' earnings are withheld until
they return to their home countries.
d. Your country recruits unskilled foreign workers who have an existing
reason to return home, such as students who work in your country during
school breaks.
e. Employers are required to post a bond that is returned to them after
unskilled foreign workers return to their home countries.
f. Unskilled foreign workers are required to post a bond that is
returned to them after they return to their home countries.
g. Unskilled foreign workers are required to leave your country before
they can obtain a new work permit from your country.
h. Other...please specify:
IV. Advantages And Disadvantages Of Temporary Foreign Worker Programs.
19. What are your views, if any, on the advantages of your country's
seasonal, skilled and unskilled temporary foreign worker programs; or
what is the basis/reasoning for not implementing temporary foreign
worker programs?.
20. What are your views, if any, on the disadvantages of your country's
seasonal, skilled and unskilled temporary foreign worker programs; or
what is the basis/reasoning for not implementing temporary foreign
worker programs?.
*NOTE: We define "employment verification process" as the process by
which employers are required to verify the identity or work
authorization of employees.
Also, we define "unauthorized migrants" as migrants without legal
authorization to reside in your country.
21. Do you have any other comments you would like to make on your
country's employment verification programs?
GAO Survey of Foreign Government Policy and Implementation of
Regularization Programs:
Migration, particularly the entry and employment of unauthorized
workers, is an important issue for the international community. The
Congress of the United States is interested in collecting information
from various countries to help inform the debate regarding immigration
policy proposals in the U.S. The Congress has asked its independent
research branch, the U.S. Government Accountability Office (GAO), to
explore policies and practices countries use to limit and control the
employment of unauthorized workers. GAO's work will likely culminate in
a publicly available report.
As part of this request, GAO would like to ask your agency a few
questions regarding your country's policies and experiences with
regularizing unauthorized migrants. Your agency's responses will be
compiled with responses from other countries to help GAO understand the
various approaches governments take to minimize and control employment
of unauthorized workers. This survey can be completed electronically-by
clicking on the check boxes to mark your answers and typing in written
responses-or you can complete it on paper by printing it out. When you
have finished the survey, please return it to us via the U.S. embassy
in your country.
The U.S. embassy's contact information is as follows:
In addition to this survey on regularization programs of unauthorized
migrants, we have also developed three other surveys that have been
submitted to your government on related migration issues. These surveys
ask about your country's employment verification process, temporary
foreign worker programs, and the enforcement of laws and regulations
that prohibit the employment of unauthorized workers. The responses to
these questions will be invaluable to us, and we hope that our report
will also provide you with the opportunity to see how other countries
manage migration issues. We are happy to provide you with a copy of the
report upon its completion.
GAO thanks you in advance for your valuable support Of our project, and
we truly appreciate this unique opportunity to communicate with your
government. If at any time you have any questions about the survey or
procedures for filling it out, please do not hesitate to contact
Michelle Cooper, at (cooperm@gao.gov or 00-1-202-512-4445) or Rebecca
Gambler at (gamblerr@gao.gov or 00-1-202-512-6912).
Please provide the following information on the person completing this
questionnaire whom we may contact if we need to clarify any responses.
Name:
Title:
Agency name:
Email address:
Telephone number (please include country code):
Fax number (please include country code):
This survey is composed of three parts. In Part I, we would like to
know some basic information on regularization programs in your country.
In Part 11 we ask about general characteristics of your country's
regularization programs. Please answer the questions based on the legal
requirements of your country, even if those requirements are not fully
enforced or implemented. Finally, in Part III we would like to know
your views on the advantages and disadvantages of regularization
programs.
As you complete the survey, you may find the following definitions
helpful:
* We define "employment verification process" as the process by which
employers are required to verify the identity or work authorization of
employees.
* We define a "temporary foreign worker" as a worker whom the
government brings in or allows entry from a foreign country in order to
meet domestic labor market needs for a limited amount of time.
* We define "regularization programs" as those that offer migrants who
arrive and/or remain over a period of time without authorization in a
country the opportunity to secure legal temporary or permanent resident
and/or worker status.
I. Regularization Programs In Your Country:
*NOTE: We define "regularization programs" as those that offer migrants
who arrive and/or remain over a period of time without authorization in
a country the opportunity to secure legal temporary or permanent
resident and/or worker status.
1. Since 2000, in what years has your country initiated a
regularization program? For each program, please list how many migrants
applied for and were granted regularization.
No regularization programs have been initiated since 2000. -- > Skip to
question 3.
2. (if yes) who generally applies for regularization of status?
a. Unauthorized individual himself/herself.
b. Employer on behalf of the unauthorized individual.
c. Trade union on behalf of the unauthorized individual.
d. Recruitment agency/organization on behalf of the unauthorized
individual.
e. Other...please .specify:
II. Characteristics Of Your Country's Regularization Programs:
*NOTE: We define a "temporary foreign worker" as a worker whom the
government brings in or allows entry, from a foreign country in order
to meet domestic labor market needs for a limited amount of time.
3. Which of the following, if any, are overall characteristics of your
country's regularization program(s)? Please answer "yes" if a
characteristic is applicable to at least one of your country's
regularization programs, even if it is not applicable to all programs.
a. Applicants for the regularization program are required to have
resided in your country for a certain period of time to be able to
apply to the program.
b. Applicants for the regularization program are required to have
worked in your country for a certain period of time to be able to apply
to the program.
c. Background checks are performed on program applicants before
regularization of status.
d. Regularized individuals are granted temporary resident status.
e. Regularized individuals are granted permanent resident status.
f. Regularized individuals are granted work authorization status.
g. Temporary foreign workers are eligible to apply for regularization
programs.
h. Applicants for the regularization program are eligible to bring
family members.
i. Applicants who are illegally residing in your country are required
to leave your country in order to apply for regularization .
j. Other...please specify:
III. Advantages And Disadvantages Of Regularization Programs:
4. What are your views, if any, on the advantages of your country's
regularization programs; or what is the basis/reasoning for not
implementing a regularization program?.
5. What are your views, if any, on the disadvantages of your country's
regularization programs; or what is the basis/reasoning for not
implementing a regularization program?
*NOTE: We define "employment verification process" as the process by
which employers are required to verify the identity or work
authorization of employees.
6. Do you have any other comments you would like to make on your
country's employment verification process, enforcement activities,
temporary foreign worker, or regularization programs?
GAO Survey of Foreign Government Policy on the Process by which
Employers Verify the Identity or Work Authorization Status of
Employees:
Migration, particularly the entry and employment of unauthorized
workers, is an important issue for the international community. The
Congress of the United States is interested in collecting information
from various countries to help inform the debate regarding immigration
policy proposals in the U.S. The Congress has asked its independent
research branch, the U.S. Government Accountability Office (GAO), to
explore policies and practices countries use to limit and control the
employment of unauthorized workers. GAO's work will likely culminate in
a publicly available report.
As part of this request, GAO would like to ask your agency a few
questions regarding your country's employment verification process.
Your agency's responses will be compiled with responses from other
countries to help GAO understand the various approaches governments
take to minimize and control employment of unauthorized workers. This
survey can be completed electronically-by clicking on the check boxes
to marls your answers and typing in written responses-or you can
complete it on paper. When you have finished the survey, please return
it to us via the U.S. embassy in your country.
The U.S. embassy's contact information is as follows:
In addition to this survey on your country's employment verification
process, we have also developed three other surveys that have been
submitted to your government on related migration issues. These surveys
ask about temporary foreign worker programs, regularization programs,
and the enforcement of laws that prohibit the employment of
unauthorized workers. The responses to these questions will be
invaluable to us, and we hope that our report will also provide you
with the opportunity to see how other countries manage migration
issues. We are happy to provide you with a copy of the report upon its
completion.
GAO thanks you in advance for your valuable support of our project, and
we truly appreciate this unique opportunity to communicate with your
government. If at any time you have any questions about the survey or
procedures for filling it out, please do not hesitate to contact
Michelle Cooper, at (cooperm@gao.gov or 00-1-202-512-4445) or Rebecca
Gambler at (g amblerr@gAo.gOv or 00-1-202-512-6912).
Please provide the following information on the person completing this
questionnaire whom we may contact if we need to clarity any responses.
Name:
Title:
Agency name:
Email address:
Telephone number (please include country code):
Fax number (please include country code):
This survey is composed of three parts. In Part I, we would like to
know some basic information on the number of unauthorized migrants
estimated to be residing in your country. In Part II we ask about the
requirements and features of your country's employment verification
process. Please answer the questions based on the legal requirements of
your country, even if those requirements are not fully enforced or
implemented. Finally, in Part III we would like to know your views on
the advantages and disadvantages of the employment verification
process.
As you complete the survey, you may find the following definitions
helpful:
* We define "employment verification process" as the process by which
employers are required to verify the identity or work authorization of
employees.
* We define "unauthorized migrants" as migrants without legal
authorization to reside in your country.
* We define a "temporary foreign worker" as a worker whom the
government brings in or allows entry from a foreign country in order to
meet domestic labor market needs for a limited amount of time.
* We define "regularization programs" as those that offer migrants who
arrive and/or remain over a period of time without authorization in a
country the opportunity to secure legal temporary or permanent resident
and/or worker status.
I. Estimate Of Unauthorized Population:
*NOTE: We define "unauthorized migrants" as migrants without legal
authorization to reside in your country.
1. Has your country estimated the number of unauthorized migrants
residing in your country?
Yes:
No --> Got to 3.
Don't know --> Go to 3.
2. (If Yes) What is the estimated number of unauthorized migrants
residing in your country and what is the year of the estimate?
II. Employment Verification Process:
*NOTE: We define "employment verification process" as the process by
which employers are required to verify the identity or work
authorization of employees.
3. Does your country have a process through which employers are
required to verify either their employees' identity or authorization to
work? Please answer the questions based on the legal requirements of
your country , even if those requirements are not fully enforced or
implemented.
Yes:
No --> Go to 7.
Don't know --> Go to:
4. Do any of the following requirements apply to your country's
employment verification process?
Yes;
No;
Not Sure.
a. Employees required to present documentation to prove identity.
b. Employees required to present documentation to prove work
authorization.
c. Employers required to certify documentation presented by employees.
d. Employers required to report employee identity or work authorization
information to government agencies.
e. Employers required to compare employee identity or work
authorization information with information in government databases.
f. Other requirement...please specify.
5. What are the names of the different types of documents that
employees can present to employers to prove their identity and/or work
authorization status?
6. Which of the following features, if any, does your country use on
government-issued identity or work authorization documents to make them
tamper-resistant? Please answer "yes" if your country uses a feature
with at least one document, even if you do not use the feature with all
your documents.
a. Raised seals
b. Watermarks
c. Employee signature
d. Employee photograph
e. Fingerprints
e. Cards with magnetic stripes .
e. Information encoded on computer chip .
f. Other features. . please specify:
III. Advantages And Challenges Of The Employment Verification Process:
7. What are your views, if any, on the advantages of your country's
employment verification process; or what is the basis/reasoning for not
requiring employers to verify employees' identity or work authorization
status?
8. What are your views, if any, on the disadvantages of your country's
employment verification process or what is the basis/reasoning for not
requiring employers to verify employees' identity and work
authorization status?
*NOTE: We define a "temporary foreign worker" as a worker whom the
government brings in or allows entry from a foreign country in order to
meet domestic labor market needs for a limited amount of time.
Also, we define "regularization programs" as those that offer migrants
who arrive and/or remain over a period of time without authorization in
a country the opportunity to secure legal temporary or permanent
resident and/or worker status.
9. Do you have any other comments on your country's employment
verification process, enforcement activities, temporary foreign worker,
or regularization programs?.
Survey of Foreign Government Policy and Enforcement of Laws and
Regulations that Prohibit the Employment of Unauthorized Workers:
Migration, particularly the entry and employment of unauthorized
workers, is an important issue for the international community. The
Congress of the United States is interested in collecting information
from various countries to help inform the debate regarding immigration
policy proposals in the U.S. The Congress has asked its independent
research branch, the U.S. Government Accountability Office (GAO), to
explore policies and practices countries use to limit and control the
employment of unauthorized workers. GAO's work will likely culminate in
a publicly available report.
As part of this request, GAO would like to ask your agency a few
questions regarding your country's policies and experiences with
controlling the employment of unauthorized workers. Your agency's
responses will be compiled with responses from other countries to help
GAO understand the various approaches governments take to minimize and
control employment of unauthorized workers. This survey can be
completed electronically-by clicking on the check boxes to mark your
answers and typing in written responses-or you can complete it on paper
by printing it out. When you have finished the survey, please return it
to us via the U.S. embassy in your country.
The U.S. embassy's contact information is as follows:
In addition to this survey on the enforcement of laws that prohibit the
employment of unauthorized workers, we have also developed three other
surveys that have been submitted to your government on related
migration issues. These surveys ask about your country's employment
verification process, temporary foreign worker programs, and
regularization programs. The responses to these questions will be
invaluable to us, and we hope that our report will also provide you
with the opportunity to see how other countries manage migration
issues. We are happy to provide you with a copy of the report upon its
completion.
GAO thanks you in advance for your valuable support of our project, and
we truly appreciate this unique opportunity to communicate with your
government. If at any time you have any questions about the survey or
procedures for filling it out, please do not hesitate to contact
Michelle Cooper, at (cooperm@gao.gov or 00-1-202-512-4445) or Rebecca
Gambler at (gamblerr@gao.gov or 00-1-202-512-6912).
Please provide the following information on the person completing this
questionnaire whom we may contact if we need to clarity any responses.
Name:
Title:
Agency name:
Email address:
Telephone number (please include country code):
Fax number (please include country code):
This survey is composed of three parts, all of which focus on your
agency's efforts to enforce laws and regulations that prohibit the
employment of unauthorized workers. For all questions, please answer
the questions based on the legal requirements of your country, even if
those requirements are not fully enforced or implemented. In Part I, we
would like to know some information on enforcement efforts that focus
on employers. In Part II we ask about enforcement efforts which focus
on workers. Finally, in Part TTI we would like some basic information
about your agency's staff and funding resources available to enforce
your country's laws and regulations that prohibit the employment of
unauthorized workers.
As you complete the survey, you may find the following definitions
helpful:
* We define "employment verification process" as the process by which
employers are required to verify the identity or work authorization of
employees.
* We define a "temporary foreign worker" as a worker whom the
government brings in or allows entry from a foreign country in order to
meet domestic labor market needs for a limited amount of time.
* We define "regularization programs" as those that offer migrants who
arrive and/or remain over a period of time without authorization in a
country the opportunity to secure legal temporary or permanent resident
and/or worker status.
I. Employer-Focused Enforcement Efforts:
l. Which of the following, if any, does your agency use to identify
unauthorized foreign workers or employers who are employing
unauthorized foreign workers?
a. Government investigations/raids.
b. Comparing information contained in various government databases.
c. Public tips.
d. Employer-reported information.
e. Worker-reported information.
f. Information from other government agencies.
g. Other...please specify:
2. Which of the following, if any, does your government use to penalize
employers for employing unauthorized foreign workers?
a. Employer subject to administrative monetary fines
please specify fine range (and currency):
b. Employer subject to criminal monetary fines
please specify fine range (and currency):
c. Employer subject to prison term.
please specify range of prison term:
d. Employer pays costs of deporting unauthorized foreign
worker.
e. Employer pays investigation or court costs.
f. Employer is ineligible for government contracts.
g. Employer is responsible for paying unpaid social welfare
contributions/taxes on unauthorized foreign workers.
h. Employer's assets are subject to foreclosure or seizure.
i. Employer's companies or worksites are subject to closure.
j. Other...please specify:
3. Which of the following, if any, does your government use to penalize
employers for hiring subcontractors who employ unauthorized foreign
workers?
a. Employer subject to administrative monetary fines.
please specify fine range and currency:
b. Employer subject to criminal monetary fines.
please specify fine range and currency:
c. Employer subject to prison term.
please specify range of prison term:
d. Employer pays costs of deporting unauthorized foreign workers.
e. Employer pays investigation or court costs.
f Employer is ineligible for government contracts.
g. Employer is responsible for paying unpaid social welfare
contributions/taxes on unauthorized foreign workers.
h. Employer's assets are subject to foreclosure or seizure.
i. Employer's companies or worksites are subject to closure.
j. Other...please specify.
4. Which of the following, if any, does your government use to penalize
individuals or entities for assisting in the entry, stay or employment
of unauthorized foreign workers?
a. Individual/entity subject to administrative monetary fines
please specify fine range and currency:
b. Individual,/entity subject to criminal monetary fines
please specify fine range and currency:
e. Individual/entity subject to prison term.
please specify range of prison term:
d. Individual/entity pays deportation costs.
e. Individual/entity pays investigation or court costs.
f. Individual/entity is ineligible for government contracts.
g. Individual/entity is responsible for paying unpaid social welfare
contributions/taxes on unauthorized workers.
h. Individual/entity's assets are subject to foreclosure or seizure.
i. Individual/entity's companies or worksites are subject to closure.
j. Other...please ,specify:
5. For the most recent year for which data are available, how many of
the following actions were taken against employers for employing
unauthorized workers?
6. What are your views, if any, on the advantages of your country's
program for sanctioning employers who employ unauthorized workers; or
what is the basis/reasoning for not implementing an employer sanctions
program?
7. What are your views, if any, on the disadvantages of your country's
program for sanctioning employers who employ unauthorized workers; or
what is the basis/reasoning for not implementing an employer sanctions
program?
II. Foreign Worker-Focused Enforcement Efforts:
8. Which of the following, if any, does your government use to penalize
unauthorized workers found to he employed in your country?
a. Unauthorized worker subject to administrative monetary fines.
please specify fine range and currency; [Empty]; [Empty].
b. Unauthorized worker subject to criminal monetary fines.
please specify fine range and currency; [Empty]; [Empty].
c. Unauthorized worker subject to detention.
please specify range of detention:
d. Unauthorized worker subject to deportation.
c. Unauthorized worker ineligible for re-entry to the country.
e. Unauthorized worker ineligible for temporary foreign worker
programs.
f. Unauthorized worker's assets are subject to foreclosure or seizure.
h. Unauthorized worker responsible for paying detention and deportation
costs.
i. Other...please specify:
9. For the most recent year for which data are available, how many
fines were issued in your country against unauthorized workers and what
was the total amount of the fines issued?
10. For the most recent year for which data are available, how many of
the following occurred in your country?
11. What are your views, if any, on the advantages of your country's
efforts to investigate and sanction unauthorized workers found to be
employed in your country; or what is the basis/reasoning for not
investigating and sanctioning unauthorized workers?
12. What are your views, if any, on the disadvantages of your country's
efforts to investigate and sanction unauthorized workers found to be
employed in your country, or what is the basis/reasoning for not
investigating and sanctioning unauthorized workers?
III. Resources To Prevent Employment Of Unauthorized Workers:
13. For the most recent year for which data are available, how many
staff were dedicated to the following activities, and what was the
total amount of funding dedicated to those activities?
*NOTE: We define "employment verification process" as the process by
which employers are required to verify the identity or work
authorization of employees.
Also, we define a "temporary foreign worker" as a worker whom the
government brings in or allows entry from a foreign country in order to
meet domestic labor market needs for a limited amount o/ time.
We define "regularization programs" as those that offer migrants who
arrive and/or remain over a period of time without authorization in a
country the opportunity to secure legal temporary or permanent resident
and/or worker status.
14. Do you have any other comments on your country's employment
verification process, enforcement activities, temporary foreign worker,
or regularization programs?
[End of section]
Appendix XII: Acknowledgement of Government and Other Entities'
Assistance:
We would like to acknowledge the time and effort made by government
agencies and other groups and individuals who provided information by
responding to questionnaires and who talked with us during site visits.
We would like to thank governmental and nongovernmental entities and
individuals in the following countries:
Argentina:
Australia:
Austria:
Belgium:
Canada:
France:
Germany:
the Netherlands:
New Zealand:
Portugal:
Singapore:
Spain:
Switzerland:
United Kingdom:
United States:
We would also like to thank representatives from the following
intergovernmental organizations:
European Union:
International Labour Organization:
International Organization for Migration:
Organisation for Economic Co-operation and Development:
United Nations High Commissioner for Human Rights:
United Nations High Commissioner for Refugees:
Intergovernmental Consultations on Asylum, Refugee, and Migration
Policies:
In addition, we would like to thank the following experts:
Bridget Anderson, Senior Researcher and Research Program Head, Centre
on Migration, Policy and Society, Oxford University Joaquin Arango,
Professor, Instituto Universitario Ortega y Gasset Tanya Basok,
Director, Centre for Studies in Social Justice, University of Windsor
Holger Bonin, Senior Research Associate, Institute for the Study of
Labor Amelie Constant, Senior Research Associate and Deputy Program
Director for Migration, Institute for the Study of Labor Christian
Dustmann, Professor, Department of Economics, University College London
Andrew Geddes, Professor, University of Sheffield Holger Hinte, Expert
on German Migration Politics, co-author of several migration studies,
Institute for the Study of Labor B. Lindsay Lowell, Director of Policy
Studies, Institute for the Study of International Migration, Georgetown
University Susan Martin, Donald G. Herzberg Chair in International
Migration and Director, Institute for the Study of International
Migration, Georgetown University Doris Meissner, Senior Fellow,
Migration Policy Institute Mark J. Miller, Emma Smith Morris Professor
of Political Science and International Relations, University of
Delaware John Salt, Department of Geography, University College London
Martin Ruhs, Senior Researcher, Centre on Migration, Policy and
Society, Oxford University Andrew Schoenholtz, Deputy Director,
Institute for the Study of International Migration, Georgetown
University Sam Scott, Geography Lecturer, University of Sheffield
Claude-Valentin Marie, Vice-président de la Haute Autorité de Lutte
contre les Discriminations et pour l'Egalité Catherine Wihtol de
Wenden, Director of Research, Centre national de la recherche
scientifique/Centre d'études et de recherches internationals, Institut
d'Etudes Politiques de Paris Klaus F. Zimmermann, President, German
Institute for Economic Research and Director of the Institute for the
Study of Labor:
[End of section]
Appendix XIII: GAO Contact and Staff Acknowledgments:
GAO Contact:
Richard M. Stana (202) 512-8777:
Staff Acknowledgments:
In addition to the contact named above, Frances Cook, Michelle Cooper,
Katherine Davis, Rebecca Gambler, Alison Martin, Amanda Miller, Jason
Pogacnik, and Robert E. White made key contributions to this report.
[End of section]
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FOOTNOTES
[1] See U.S. Commission on Immigration Reform, Becoming an American:
Immigration and Immigrant Policy (Washington, D.C.: 1997) and National
Academy of Sciences, The New Americans: Economic, Demographic, and
Fiscal Effects of Immigration, 2003.
[2] The term "regularization" describes programs that provide
unauthorized migrants already residing in a country with the
opportunity to secure legal status on a permanent or temporary basis.
In some countries, regularization programs have provided unauthorized
migrants with temporary work permits and residence status, while in
other countries, regularization programs have provided unauthorized
migrants with permanent residence status.
[3] Pub. L. No. 99-603, §101(a)(1) (codified at 8 U.S.C. §1324a).
[4] Pub. L. No. 104-208, div C, §§ 401-405, 411, 412, 416, 110 Stat.
3009-547, 3009-649, 655-69.
[5] See appendix XI for copies of the questionnaires.
[6] In addition, we reviewed studies from the International Labour
Office and the International Labour Conference, which are two of the
main bodies of the International Labour Organization.
[7] See appendix XII for a list of the experts we interviewed.
[8] For the purposes of our report, we define "high-skilled foreign
workers," also referred to as "skilled foreign workers," as workers
brought in or allowed entry from foreign countries by the government
for a specified amount of time, on the basis of intermittent, peak
load, or one time labor market needs for jobs requiring specialized
knowledge or skills, generally gained through the completion of higher
education, training, or professional experience. We define "low-skilled
foreign workers," also referred to as "unskilled foreign workers," as
those workers brought in for non-seasonal jobs that require limited
education, training, or experience. We define "seasonal foreign
workers" as workers brought in to meet the seasonal, intermittent, peak
load, or one time needs of seasonal jobs, such as those of agricultural
producers.
[9] Canada also maintains bilateral agreements with Barbados, Jamaica,
Trinidad and Tobago, and the Organization of Eastern Caribbean States
for the admission of seasonal workers.
[10] According to studies, the underground economy includes any
employment in a country for which employers do not pay taxes or social
insurance contributions and is thus composed of both unauthorized
foreign workers and native workers for whom appropriate contributions
are not paid.
[11] It is a criminal offense in the United Kingdom for employers to
employ someone subject to immigration control who has no right to work
in the country, or no right to do the work being offered. Employers can
establish a defense against conviction for employing an unauthorized
worker by checking and copying certain original documents presented by
potential new workers.
[12] See, for example, International Organization for Migration, World
Migration 2005: Costs and Benefits of International Migration (Geneva,
Switzerland: 2005).
[13] See, for example, Organisation for Economic Co-operation and
Development, Trends in International Migration (Paris, France: 2005),
and Organization for Security and Co-operation in Europe, International
Organization for Migration, and International Labour Office, Handbook
on Establishing Effective Labour Migration Policies in Countries of
Origin and Destination, 2006.
[14] See, for example, International Organization for Migration, World
Migration 2005 and International Labour Office, Towards a Fair Deal for
Migrant Workers in the Global Economy (Geneva, Switzerland: 2004).
[15] See, for example, Friedrich Schneider and Robert Klinglmair,
Shadow Economies Around the World: What Do We Know? Johannes Kepler
University of Linz, (Linz-Auhof, Austria: April 2004).
[16] See, for example, International Organisation for Migration, World
Migration 2005.
[17] See, for example, Global Commission on International Migration,
Migration in an Interconnected World: New Directions for Action
(Switzerland, October 2005) and Organisation for Economic Cooperation
and Development, Combating the Illegal Employment of Foreign Workers
(Paris, France: 2000).
[18] See, for example, International Organisation for Migration, World
Migration 2005.
[19] The members of the Schengen area are Austria, Belgium, Denmark,
Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, the
Netherlands, Norway, Portugal, Spain, and Sweden. All these countries
except Norway and Iceland are European Union members. The member states
that joined the European Union on May 1, 2004, are bound by the entire
Schengen agreement, but certain provisions will apply to them only
after border controls have been abolished. These 10 new EU members are:
Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta,
Poland, Slovakia, and Slovenia.
[20] Commission of the European Communities, Report on the Functioning
of the Transitional Arrangements set out in the 2003 Accession Treaty
(Brussels, Belgium: 2006).
[21] "Extraordinary ability" must be demonstrated by sustained national
or international acclaim and achievements that have been recognized in
the field through extensive documentation. 8 U.S.C. § 1153(b)(1)(A).
[22] According to 8 U.S.C. § 1153(b)(2)(A), individuals with
"exceptional ability" are those who will substantially benefit
prospectively the national economy, cultural or educational interests,
or welfare of the United States, and whose services in the sciences,
arts, professions, or business are sought by an employer in the United
States.
[23] GAO, Overstay Tracking: A Key Component of Homeland Security and a
Layered Defense, GAO-04-82 (Washington, D.C.: May 21, 2004).
[24] GAO, Immigration Enforcement: Weaknesses Hinder Employment
Verification and Worksite Enforcement Efforts, GAO-05-813 (Washington,
D.C.: Aug. 31, 2005).
[25] In 1999, the Department of Justice increased the amounts of the
civil penalties from those established in IRCA to the current levels to
reflect a 10 percent adjustment for inflation. 8 C.F.R. § 274a.10(b).
Under the Federal Civil Monetary Penalties Inflation Adjustment Act of
1990, as amended, federal agencies are to make regular adjustments for
inflation of civil monetary penalties that they are charged with
enforcing. 28 U.S.C. §2641 note.
[26] According to IIRIRA, a person or entity with certain Form I-9
paperwork violations must be informed of the violation and provided
with a period of not less than 10 business days to correct the
violations. If the person or entity does not correct the violations
within the specified time period, the person or entity would not be
considered to have made a good faith attempt to comply with the Form I-
9 requirement.
[27] In March 2003, INS was merged into the Department of Homeland
Security. The service's immigration functions were divided between
USCIS, ICE, and U.S. Customs and Border Protection. ICE is responsible
for managing and implementing the worksite enforcement program.
[28] GAO-05-813.
[29] GAO, Immigration Enforcement: Benefits and Limitations to Using
Earnings Data to Identify Unauthorized Work, GAO-06-814R (Washington,
D.C.: July 11, 2006).
[30] See appendix II for more information on high-skilled worker
programs in the countries we studied.
[31] See appendix II for more information on low-skilled worker
programs in the countries we studied.
[32] See appendix II for more information on seasonal worker programs
in the countries we studied.
[33] See, for example, Organization for Security and Co-operation in
Europe, International Organization for Migration and the International
Labour Office, Handbook on Establishing Effective Labour Migration
Policies in Countries of Origin and Destination (Geneva, Switzerland:
2006)
[34] The United Kingdom implemented a pilot scheme in January 2002
called the Highly Skilled Migrant Programme, which uses a points-based
system to select migrants. In March 2006, the United Kingdom government
announced that a points-based migration system will be introduced for
managing labor migration. See appendix X for more information.
[35] See appendix II for more information on the specific work permit
requirements in the countries in our review.
[36] United Kingdom government guidance suggests that in reviewing work
authorization documents provided by workers, employers check documents'
photographs, dates of birth, expiration dates, and government
endorsements for their validity.
[37] According to United Kingdom officials, individuals were eligible
to apply if their asylum application (1) had not yet been decided, (2)
had been refused and was subject to an appeal, (3) had been refused and
there was no further avenue of appeal but the applicant had not been
removed, or (4) had been refused but limited leave had been granted.
[38] For work in the agricultural sector, illegal immigrants in Spain
required an offer for a job for a minimum period of 3 months to be
eligible for the change of status program.
[39] The 700,000 unauthorized foreign workers who applied and qualified
for Spain's 2005 regularization program do not include the
approximately 400,000 family members of those workers who qualified for
regularization.
[40] See, for example, Demetrios Papademetriou, The "Regularization"
Option in Managing Illegal Migration More Effectively: A Comparative
Perspective, Migration Policy Institute (Washington, D.C.: September
2005).
[41] See, for example, Aspasia Papadopoulou, Regularization Programmes:
An Effective Instrument of Migration Policy? Global Commission on
International Migration (Geneva, Switzerland: May 2005).
[42] See, for example, Amanda Levinson, The Regularization of
Unauthorized Migrants: Literature Survey and Country Case Studies,
Centre on Migration, Policy and Society (Oxford, United Kingdom: 2005).
[43] Information presented in this appendix is based on data reported
by government officials;
government documents, such as agency reports and manuals;
and nongovernmental reports and studies, such as those from the
International Labour Organization and the Organisation for Economic Co-
operation and Development. It is not based on an independent
examination of Australian laws and regulations. The appendix provides
an overview of selected immigration policies in Australia as of July
2006.
[44] Occupations on this list include, among others, managers (e.g.,
human resources or laboratory managers), engineers, medical
practitioners, and teachers.
[45] Information presented in this appendix is based on data reported
by government officials;
government documents, such as agency reports and manuals;
and nongovernmental reports and studies, such as those from the
Organisation for Economic Co-operation and Development. It is not based
on an independent examination of Belgian laws and regulations. The
appendix provides an overview of selected immigration policies in
Belgium as of July 2006.
[46] Member states of the European Union, Iceland, Liechtenstein, and
Norway comprise the European Economic Area.
[47] Foreign nationals from Monaco and Switzerland also do not require
a visa to stay in Belgium longer than 3 months.
[48] Organisation for Economic Co-operation and Development,
International Migration Outlook (Paris, France: 2006).
[49] Information presented in this appendix is based on data reported
by government officials;
government documents, such as agency reports and manuals;
and nongovernmental reports and studies, such as those from the
International Organization for Migration. It is not based on an
independent examination of Canadian laws and regulations. The appendix
provides an overview of selected immigration policies in Canada as of
July 2006.
[50] Information presented in this appendix is based on data reported
by government officials;
government documents, such as agency reports and manuals;
and nongovernmental reports and studies, such as those from the
Organisation for Economic Co-operation and Development. It is not based
on an independent examination of French laws and regulations. The
appendix provides an overview of selected immigration policies in
France as of July 2006.
[51] Information presented in this appendix is based on data reported
by government officials;
government documents, such as agency reports and manuals;
and nongovernmental reports and studies. It is not based on an
independent examination of German laws and regulations. The appendix
provides an overview of selected immigration policies in Germany as of
July 2006.
[52] Information presented in this appendix is based on data reported
by government officials;
government documents, such as agency reports and manuals;
and nongovernmental reports and studies, such as those from the
International Labour Organization and the Organisation for Economic Co-
operation and Development. It is not based on an independent
examination of Spanish laws and regulations. The appendix provides an
overview of selected immigration policies in Spain as of July 2006.
[53] Information presented in this appendix is based on data reported
by government officials;
government documents, such as agency reports and manuals;
and nongovernmental reports and studies, such as those from the
International Labour Organization, the Organisation for Economic Co-
operation and Development, and the Law Library of Congress. It is not
based on an independent examination of Swiss laws and regulations. The
appendix provides an overview of selected immigration policies in
Switzerland as of July 2006.
[54] Subsequent information on Swiss enforcement efforts is based on
information provided in the Law Library of Congress, Immigration Law
Sanctions and Enforcement in Selected Foreign Countries (Washington,
D.C.: April 2006).
[55] Information presented in this appendix is based on data reported
by government officials;
government documents, such as agency reports and manuals;
and nongovernmental reports and studies, such as those from the
Organisation for Economic Co-operation and Development. It is not based
on an independent examination of United Kingdom laws and regulations.
The appendix provides an overview of selected immigration policies in
the United Kingdom as of July 2006.
[56] The current members of the Commonwealth are Antigua and Barbuda,
Australia, the Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei,
Canada, Cameroon, Cyprus, Dominica, Fiji, the Gambia, Ghana, Grenada,
Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia,
Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, New Zealand,
Nigeria, Pakistan, Papua New Guinea, Saint Christopher and Nevis, Saint
Lucia, Saint Vincent and the Grenadines, Seychelles, Sierra Leone,
Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland,
Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, Vanuatu, Western
Samoa, Zambia, and Zimbabwe.
[57] Subsequent information on the United Kingdom's points-based system
is based on information provided in Home Office, A Points-Based System:
Making Migration Work for Britain (United Kingdom: 2006).
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